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  • ACRI

Principles to Ensure Protection of Human Rights and Democracy

© Irina Opachevsky |

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.

Legal Counsel

  • The independence of legal counsel and their binding opinion must not be compromised.


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