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43 St. Louis U. L.J. 1325 (1999)
Does Israel Have a Constitution

handle is hein.journals/stlulj43 and id is 1335 raw text is: ARTICLE DOES ISRAEL HAVE A CONSTITUTION?* THE HONORABLE DALIA DORNER** 1. As with every country, Israel has a material constitution, meaning governing arrangements that are anchored in legal norms that establish the branches of government - the legislative branch, the executive branch and the judiciary - and the relationships among them. The question is whether Israel also has a formal constitution: a norm that is superior to regular legislation so that if the laws and the constitution conflict, the provisions of the constitution will be preferred. A second question that arises asks which branch is authorized to determine the constitutionality of ordinary legislation. 2. From the outset of the establishment of the State, a formal constitution was anticipated. The Declaration of the Establishment of the State of Israel (hereafter the Declaration of Independence) promises that a formal Constitution would be adopted by the Elected Constituent Assembly no later than October 1, 1948. A formal Constitution was among the criteria discussed by the United Nations and favored in a United Nations decision of November 29, 1947. However, the plan of drafting a comprehensive written constitution for the State of Israel was never realized. The Declaration of Independence of the State of Israel provides guiding principles for the State of Israel. It articulates the basis for a human rights charter that serves as a backdrop for the Basic Laws and all ordinary legislation. According to the Declaration of Independence, the State of Israel will be based on freedom, justice and peace as envisaged by the prophets of * Justice Dalia Dorner presented this lecture at Saint Louis University School of Law on April 12, 1999. ** Associate Justice, Supreme Court of Israel.

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