Principles to Ensure Protection of Human Rights and Democracy
The Bill of Rights and Existing Basic Laws
Promotion of a full bill of rights that will include the rights to equality; freedom of expression and demonstration; family life; criminal proceedings; and protection of all social rights (such as housing, health, education, and a dignified existence).
Determination that violation of constitutional rights may solely be legally executed, or expressly legally authorized, for a legitimate purpose and to an extent that remains proportionate with what is deemed necessary. The court will determine whether a law or decision that violates constitutional rights meets these conditions, and may invalidate laws or decisions that do not meet these conditions.
Annulment of the parts of the Nation-State Law that violate Arab minority rights.
Establishment of eternal provisions regarding democratic governance and human dignity, entailing that they cannot be denied through a constitutional amendment.
Constitution and Change of Basic Laws
Aspiration toward completion of the constitution, until which enactment of basic laws must occur through a special procedure, dissimilar to a standard legislative process. Acceptance or amendment of basic laws must require a significant majority of Knesset members, at least two-thirds, including representation from the opposition, as those rules of governance and decisions require broad consensus.
Assurance that basic laws will solely include fundamental regulation and that human rights remain protected, along with detailed regulations enshrined in standard law.
Basic laws will not include denial or violation of human rights, which may solely be executed through standard law.
Judicial Basic Laws
Judicial review of basic laws will remain in place until an agreeable constitution is broadly accepted by the public majority. Judicial review of basic laws must be permitted – both regarding procedures of prevention and misuse, and from a point of view wherein a basic law violates the democratic regime and human dignity.
Basic laws that compromise the country’s democratic structure or human rights, especially those of minorities, cannot be protected.
Judicial Review of Legislation and the Override Clause
Effective judicial review of legislation that violates human rights must be ensured.
Effective judicial review of the legislative process must be ensured.
Debate on the constitutionality of laws must be conducted by an extended panel of Supreme Court judges, yet the majority required to annul unconstitutional legislation will remain standard.
The override clause must not be enacted, as this would permit infringement of human rights and especially those of minorities, chiefly the Arab minority.
The Judicial Selection Committee
The independent autonomy of the judiciary must be guaranteed.
The Judicial Selection Committee’s composition will balance political and professional bodies, to ensure independence of the courts and the judges’ professionalism.
The coalition will neither have control over the appointment of judges, nor the Supreme Court President.
Aspiration toward suitable representation of judicial appointments to reflect various demographic groups including women, Arabs, Mizrahi, religious, and secular populations.
The independence of legal counsel and their binding opinion must not be compromised.