Text of the Constitution for the State of Ivy igi

Following is the text of the proposed Constitu-
tion for the State of Israel:

Text of Historic Document
WE, THE PEOPLE OF ISRAEL, HUMBLY giving .Prepared by Committee of 7
thanks to Almighty God for having delivered us from
Headed by Dr. Leo Kohn,
the burden of exile and brought us back to our ancient
land;
• RECALLING the tenacious endurance of the genera-
Israeli Foreign Counsellor.
tions of the Exile and their heroic sacrifices for the sur-

, Preamble

vival of our People and the preservation of its spirit-
ual heritage;
GRATEFULLY remembering the faithful remnant
who maintained the continuity of Jewish settlement
in Palestine throughout the centuries, and the inspired
- efforts of the pioneers of the national revival;
RESOLVED to rebuild our Commonwealth in ac-
cordance with the ideals of peace and righteousness of
the Prophets of Israel, to welcome home every Jew who
seeks entry, and to promote the' security and well-be-
ing of all who dwell within our gates,
HAVE ADOPTED THE FOLLOWING CONSTITU-
TION:

I. General Provisions

ARTICLE 1
The name of the State is ISRAEL.
.ARTICLE 2
The State of Israel is a sovereign, independent,
democratic republic.
ARTICLE 3
w
The State of Israel is designed to be the National
Home of the Jewish People and shall admit every Jew
who desires to settle within its territory subject to such
▪
regulative provisions as may from time to time be en-
acted by the Chamber of Deputies.
ARTICLE 4
(1) All persOns within the jurisdiction of the State
of Israel shall be entitled in equal measure tc the pro-
tection of the law. No discrimination of any kind shall
be made by the. State between the inhabitants of the
State on the grounds of race, religion, language or sex.
(2), All citizens of the State shall enjoy equal civic
and political rights. No citizen shall be at a disad-
vantage as a candidate for public office or employment
or in the matter of promotion on account of his race,
religion, language- or sex.
(3) No- land„ buildings or other property may be
expropriated except for public purposes. In all cases
• of expropriation full compensation, as prescribed by
law, shall be paid.
ARTICLE 5
The official language of the State of Israel is He-
brew. -Adequate facilities shall be given to Arabic-
speaking citizens for the use of their language, either
orally or in writing, in the legislature, before the courts
and before the executive and administrative au-
thorities. •
ARTICLE 6
(1) The following persons shall be citizens of Israel
and shall enjoy the rights and privileges and be subject
to the obligations of such citizenship:
(a) All Jews who were resident in the area of the
State at the time of the enactment of this Constitu-
tion.
, (b) All Jews over the age of 18 years resident in that
part of Palestine which is not included in the State
of Israel who, within one year, opt for citizenship of
Israel. The exercise of this right of option shall in-
clude the wife and children under 18 years of age of
the person so opting.
(c) All residents of Israel other than Jews who were
citizens of Palestine at the time of the termination
of the Mandate, provided that any such person being
over the age of 18 may,. within one year, elect not
to accept the citizenship of Israel. The exercise of
this right of option includes the wife and children
under 18 years of age of the persons so opting.
(2) The conditions governing the future acquisition
and termination of citizenship in the State of Israel
shall be determined by a Nationality Law.
ARTICLE 7
The flag of the State of Israel is a white banner with
two horizontal blue stripes and the Shield of David in
the center.
ARTICLE 8
All natural resources within the jurisdiction of the
State of Israel shall belong to the State subject to any
rights therein vested in 'any person or body, and shall
be controlled and administered by the government of
Israel in accordance with such regulations and pro-
v;sions as shall from time to time be approved by legis-
lation.
ARTICLE 9
The State shall enact legislation to ensure the prover
conservation and economic utilization of the soil and
water for the benefit of the people. .
, ARTICLE 10
The Antiquities in Israel, being a precious heritage
of the past, shall be considered as a trust to be con-
served by the State for future generations, and the State
shall enact legislations to this end.
ARTICLE 11
The State of Israel shall seek to settle all interna-
tional disputes of whatever nature or origin in which
it may be involved by pacific means only. The generally
recognized rules of international law shall form part
of the municipal law .of Israel.

II. Fundamental Rights

ARTICLE 12
The State 'shall ensure the sanctity of human life
and uphold the dignity of man. There shall be no
penalty of death, nor shall anyone be subjected to
torture, flogging or hwiliating punishment. The ap-
plication of moral pressure or physical violence in the
course of police interrogations is prohibited; • evidence
obtained by such methods shall not be admissible in
Court.
ARTICLE 13
(1) The liberty of the person is, inviolable. No one
shall be detained except pursuant to an order or judg-
ment of a. Court of Law, or when apprehended in flag-
rante delicto, or for the purpose of bringing him before
a Court on a charge of having committed a crime..
•
(2) Preventive detention by executive order shall
be unlawful except when authorized by' specific legis-
lation in time of war or national emergency and subjett
to continuous' parliamentary control.
,
(3) Any person arrested shall be informed in writ-
ing within twenty-four hours by what authority and
on what grounds he is being detained, and shall be
brought up for trial not later than two days from the
date of his arrest. Upon complaint being lodged by or on
behalf of any person to the High Court or any Judge

opportunity of earning a livelihood. Legislation shall
be enacted making provision for reasonable wages,
working hours and conditions of work and for the pro-
vision of state insurance against the risks of accident,
sickness, disablement, unemployment, old age and other
causes of undeserved want. Special protective measures
shall be enacted for the benefit of working mothers and
children; and of widows and orphans.
ARTICLE 2.3 ,
The right of workers to form trade' union associa-
tions, to enter into collective bargaining contracts and
to strike in defense of their economic rights and in-
terests is guaranteed bk the Constitution., Any proviSion
embodied in a contract of employment which ,involves
renunciation or diminution of these rights shall be null
and void.
ARTICLE 24
Care for the health of the population is a primary,
duty of the State. Legislation shall be enacted provicl-
ing for the establishment of a national health service,
protection of motherhood and child life, the promotion
of public and personal hygiene, and the grant of state
aid towards the construction of hygienic workers' 41114
/dwellings. ,
•
ARTICLE 25
(-1) The State shall provide adequate facilities for
primary and secondary education to be given to Jews
and Arabs in their own language and cultural traditions.
(2) The right of each community to maintain its
own schools for the education of its own members in
its own language, while conforming to such educational
requirements of a general nature as the State may im-
pose, shall not be denied or impaired.
(3) Foreign educational establishments shall be al-
lowed to continue their activity on the basis of their
existing rights.

theredf, that any such person is being unlawfully de-
tained, the High Court or the Judge to whom such
complaint is made shall require the officer in whose
custody such person is detained, to produce him without
delay and certify in writing the grounds of his deten-
tion. If satisfied that the detention is not in accordance
with the law, the Judge shall order the immediate re-
lease of the detainee.
(4)'Ncr person under arrest shall be held incom-
municado.
(5) No person shall be deprived of his liberty on
account of a debt or other contractual obligation except
for fraud.
(,6) No one shall be tried save by due.
of
law. Extraordinary courts shall not be established. No
person other than members of the Armed Forces of the
State on active service, shall, at any time, be subjected
to the jurisdiction of military tribunals.
(7) No one shall be convicted of any infringement
of the law which did not constitute an offense when
it -was committed, nor shall any amendment of the law
increasing the penalty for any offense or altering the
rules of evidence to the detriment of the accused, have
retroactivie, effect.
(8) Anyone wrongfully arrested, convicted or
III. The Legislature/
punished shall have an enforceable claim for compen-
sation against -the State.'
ARTICLE 26
ARTICLE 14 ,
The legislative power in the State of Israel shall lee
vested in the Chamber of Deputies.
The dwelling of every person is; inviolable and shall
not be entered or searched except in accordance with
ARTICLE 2'7
the law and in the manner therein prescribed. • Private
All citizens of the State who have reached the age
correspondence as well as telegraphic and telephonic
of twenty-one and are not subject to any legal dis-
communications shall not be intercepted. Any tem-
ability or incapacity under the electoral law shall be
entitled to vote in the elections to the. Chamber.
porary suspension of these guarantees in time of war
or national emergency shall require specific legislative
ARTICLE 28
authorization and shall be subject to parliamentary con-
All citizens of the State who have reached the age
trol.
of twenty-one and are not subject to any legal disability
ARTICLE 15
or incapacity under the electoral law, shall be eligible
(1) Freedom of conscience and the free exercise of
to the Chamber. Judges, civil servants, members of the
all forms of worship, subject only to the maintenance
Armed Forces of the State of Israel serving with the
of public order and morals, shall be insured to all.
colours, and persons who are also citizens of a foreign
state shall not be eligible.
(2)' Existing rights in respect of Holy Places and re-
ligious buildings or Sites shall not be denied or impaired.
ARTICLE 29
The liberty of access, visit and transit to Holy Places
The Chamber of Deputies shall be elected by -equal,
shall be guaranteed, in conformity with existing rights,
direct and universal suffrage and by secret ballot on
to all without distinction, subject to the requirements
the basis of proportional representation. The mode of
of national security, public order and decorum. •
election shall be determine& by an electoral law. The
(3) No taxation shall be levied in respect of any
country shall be divicled into a number of electoral dis-
tricts, each 10,000 of the population approximately to
Holy Place, religious building or site which was exempt
be represented by one deputy. The electoral distrThts
from taxation on tie date of the establishment of the
shall be revised once in three years, having regard to
State. No change in the incidence of such taxation shall
intervening changes in the numbers and distribution of m d
be made which would -either discriminate between the
the pcipulation. Vacancies caused by the death, resigna-
owners or occupiers of Holy Places, religious buildings
tion, or disqualification of any deputy shall= be filled in
or sites, or would place such owners or occupiers in
accordance with the provisions of the electoral law.
position less favourable in relation to the general in-
cidence of taxation than existed prior to the establish-
ARTICLE 30
ment of the State.
Elections shall be held within two months from the
(4) The
•
Sabbath and the Jewish. Holy Days shall
expiration of the term or the dissolution of the pre-
be days of rest and spiritual elevation and shall be
ceding Chamber. They shall be held on the same date
recognized • as such in the laws of the country. The Holy
throughout the country.
Days of other religious denominations shall equally be
- ARTICLE 31
recognized as legal days of rest for the members of
The Chamber shall meet within one month, its
such denominations.
election. It shall hold two sessions every year, begin-
i
ARTICLE 16 -
ning in the first week of. Cheshvan and Iyar, respec-
Freedom of speech and the free expression of opinion
tively. The sessions shall be convened by_the Chairman
in writing or in airy other form, are guaranteed. This
on the day fixed by the Chamber upon its adjournment.
constitutional guarantee shall not extend to utterances" At the request of one-third of the deputies, an extra-
or publications which are libelous, slanderous or ob-
ordinary session shall be called.
scene, or which are designed to stir up racial or re-
ARTICLE 32
ligious hatred, or to incite to violence or crime, or which
On taking their seats, deputies shall make the,fol-
advocate the suppression of human rights, or of the
lowing solemn declaration: "I pledge myself to be faith-
democratic system of government, or which reveal
ful to the State of Israel and to uphold its Constitution
secrets of national defence. The institution of a pre-
and its laws."
ventive censorship' shall be unlawful save in time of
ARTICLE 33
war or national emergency and shall require specific
The Chamber shall be elected for a period of .four
legislative authorization and be subject to continuous
years, but it may extend its term in case of war or
parliamentary control and review.
emergency, but for not-more than one additional term.
ARTICLE 17
ARTICLE 34
All citizens of the State of Israel shall havethe right
The President of the Republic may dissolve the
to assemble peaceably without arms and to form as-
Chamber of Deputies prior to the expiration of its term
sociations, subject to such regulative provisions as may
if the Executive Council in office has resigned and no
be enacted from time to time by the Chamber of
alternative Executive CounCil can be formed com-
Deputies. Such enactments shall contain no discrimina-
manding the support of a stable majority in the
tion on grounds of race, religion, language or political
Chamber. •
belief.
ARTICLE 35
This constitutional guarantee shall not extend to
No legal action shall be taken against any deputy in
assemblies or associations aiming at the suppression of
respect of any statements made or votes taken in the
human rights or of the democratic form of government.
Chamber or in respect of -any opinions expressed by
ARTICLE 18
him outside the Chamber in his official capacity. No
Any officer of the State of Israel who, contrary to
deputy may be required, even after having ceased to
the provisions of this Constitution, knowingly violates
be a deputy, to give evidence in any court of law in
the rights and liberties of any person, shall be liable to
regard to matters confided to him in that capacity. This
proceedings under the civil and criminal law.
provision shall not apply to any investigation conducted
by a committee 'of enquiry appointed by the Chamber.
ARTICLE r9
ARTICLE 36
Every citizen of the State of Israel has the right,
either individually or in -association with others, to pe-
No criminal proceedings may be taken against any
tition the President, the Government, the Chamber . of
deputy except with the consent of the Chamber. No
Deputies, or any other public authority for the redress
deputy may be arrested except if apprehended in
of grievances or for the enactment of legislation.
flagrante delicto. If any deputy is so arrested, the chair-
ARTICLE 20
man shall be immediately informed and shall bring the
matter to the notice of the Chamber. Unless -the Cham-
No one may be extradited to any foreign country
ber within a fortnight approves of the detention and
where he is liable to be deprived of \such fundamental
authorizes the institution of legal proceedings against
personal and political rights as are guaranteed by this
the
deputy, he shall be released.
Constitution. The Government of Israel may in its ab-
ARTICLE 37
solute discretion refuse to deliver up any of its sub-
jects to a foreign government for prosecution or punish-
Deputies shall receive a remuneration to be fixed --
ment.
by the- Chamber.
ARTICLA 38
ARTICLE 21
Official reports of proceedings in the Chamber and
' The economic order of the State of Israel' shall be
based on the principles of social justice. Every citizen its Committees,' as well as true reports of such proceed-
ings vSherever published, shall be privileged.
shall have -an equitable share in the-national income and
ARTICLE 39
a right to social security. The State shall encourage and
The Chamber shall adopt Standing Orders for reg-
aid every form of cdOperative effort.
ulating its procedure, maintaining internal discipline
ARTICLE 22
and protecting its members from any molestation, in-
-Every one has the right to work. The State of Israel
terference or attempt at corruption. It shall elect a
shall endeavor to ensure to all its citizens without dis-
Chairman and Vice Chairman and fix their powers and
tinction a decent standard of living and a fair and equal
remuneration.
ARTICLE 40
The proceedings of the Chamber shall be held in
2 THE JEWISH NEWS
public. Upon a motion supported by two-thirds of the
Friday, December 17, 1948
deputies present, the public 'may be excluded.

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