New Bill f hts fin hakes the Liberty of Man
ARTICLE 41
Save • as otherwise prescribed in this Constitution
or in the Standing Orders, decisions shall be by a
majority of those present. In case of any equality of
votes the,presiding officer shall exercise a casting vote,
ARTICLE 42
The initiative in introducing legislation, shall rest
with the•Executive Council. Deputies may propose legis-
lative measures, but such proposals shall be referred
to a Select Committee of the Chamber. They shall be
introduced by the Executive Council if recommended
by a majority of the Select Committee and in the foam
recommended by that Committee.
ARTICLE 43
All revenues of the State, from whatever sourQe
arising, shall form one Consolidated Revenue Fund
and .shall be appropriated by the Chamber of Deputies
for the purposes of the State in the manner and sub-
ject to the charges and liabilities imposed by this Con-
stitution.
ARTICLE 44
The Chamber shall consider the estimates of income
and expenditure for the current financial year sub-
mitted to it by the Executive. Council, and shall enact
the Finance Act prior to the end of the financial year.
No resolution for the appropriation of funds or for the
increase of any grant or charge may be moved except
by a member of the Executive Council.
ARTICLE 45,
After a Bill has been passed by the Chamber, two
copies of it shall be transmitted by the Chairman to the
President of the Republic for his signature. One copy
shall be deposited in the Record Office of the Chamber
and the other shall be transmitted' to the Registrar of
the High Court to be enrolled for record in his office.
It shall come into force upon its publication in the
Official Gazette. •
ARTICLE 46
The recruiting and maintenance of the Armed Forces
shall be subject to tbe control of the Chamber of
Deputies„
ARTICLE' 47
Treaties and other agreements with foreign countries
shall not be binding on the State unless approved by the
Chamber of Deputies. By such approval these treaties
and agreements shall become part of the municipal law
of Israel. All such treaties and agreements shall be
publish‘d in the Official Gazette.
IV. Executive Powers
Free Speech Guaranteed;
Censorship to be Outlawed,
Save in Time of War; Set
Up Unicameral Parliament,
.
appointed. The total number of Ministers shall not
exceed fifteen. All Ministers shall be members of the
Chamber of Deputies and shall be appointed in the
manner prescribed in Article 56.
ARTICLE 63
The Prime Minister shall preside over the meetings
of the Executive Council. He shall be responsible for
the coordination of activities of the Executive Council
and for. the execution by the Departments of State of the
policies adopted by the Executive Council. He shall
keep the President of the Republic informed on all
major questions of domestic and foreign policy.
ARTICLE 64
The Executive Council shall be collectively respons-
ible to the Chamber of Deputies. It shall resign if it
ceases to'retain the support of a majority in the Cham-
ber of Deputies, but shall continue in office until its
successors have been appointed. The resignation of the
Prime Minister shall entail that of the Executive Coun-
cil as a whole. Individual Ministers may resign from
office by placing their resignation in the hands of
the Prime Minister for submission to the President of
the. Republic.
ARTICLE 65
-
No Minister may be a member of the Board of Di-
rectdrs of any Joint Stock or Limited Liability Com-
pany carrying on business for profit.
ARTICLE 66,
The organization of the Departments of State, tile
designation of Ministers and their, remuneration shall
be regulated by law.
ARTICLE 67
The organization of and admission to the Civil Serv-
ice shall be regulated by law. After the enactment of
this Constitution, all appointments to the Civil Service
shall be by examination to be conducted by a Civil
Service Commission. In exceptional cases the Civil
Service Commission may authorize the appointment of
senior officers without examination,
(e) Religious court of the Jewish, Moslem and Chris-
tian communities,exercising jurisdiction in matters of
personal status..and of religious foundations and endow-
ments.
ARTICLE 71
The organization and jurisdiction of the courts, the
remuneration, pensions and age of retirement of the
judges, and all matters of procedure shall be regulated
by law.
ARTICLE 72
All judges, other than the members of the Religious
Courts, shall be appointed by the President of the Re-
public on the advice of the Minister of Justice who, in
tendering such advice, shall be guided by the recOm-
mendalions of a Selection Board consisting of a mem-
beR of the Supreme Court, a High Court judge, two
senior officers of the Department of Justice, three depu-
ties chosen by the Chamber and three representatives
of the Bar Association. The Selection Board shall be
reconstituted annually. The judges of the Religious
Courts shall be appointed by the President of the Re-
public acting on the advice of the Minister for Religious
Affairs who, in tendering such advice, shall be guided
by the recommendations of the Supreme Religious
Council of the community concerned.
ARTICLE 73
No judge of the Civil Courts shall be removed from
office except for stated misbehaviour or incapacity upon
a resolution supported by two-thirds of the members
of the Chamber of Deputies: No judge of the Religious
Courts shall be removed from office except for,statecl
misbehaviour or incapacity upon a motion of the -Su-
preme Religious Council of the community concerned
and tupon a resolution supported by two-thirds of the
members of the Chamber of Deputies. The removal
shall be effected by an order of the President of the
Republic.
ARTICLE 74
Where any action of personal status involves persons
of different religious communities, the President of the
Supreme Court shall decide which court shall exercise
jurisdiction. In deciding such issue, he shall invite the
assistance of assessors from the Religious Courts of th-
communities concerned. Whenever the question arises
as to whether or not a case is one of personal status
within the exclusive jurisdiction of a religious court,
he matter shall be referred .to a special tribimal, the
constitution of which shall be prescribed by law.-
- VI.- Amendment of the Constitution
ARTICLE 48
ARTICLE '75
The executive power in the State of Israel shall be -
The Chamber of Deputies shall have power to amend
vested in the President of the Republic and in the Exec-
the Constitution, but every such amendment shall re-
, ARTICLE 68
utive Council.
quire the assent of two-thirds of the total membership
The Executive Council and any of its members shall
(1) The President of the Republic.
of the Chamber and shall not come into force unless
have power to make orders and regulations within the
ARTICLE 49
•
passed by that majority in two successive sessions of '
framework of existing laws. Such orders and regula-
Any citizen of Israel, who is eligible to the Chamber
the Chamber, and unless not less than six months have
tions shall be tabled in the Chamber of Deputies and
of Deputies and has reached the age of 35, may be
elapsed between the two successive enactments.
shall become inoperative if a motion to that effect is
elected to the office of President.
adopted by the Chamber _ within two weeks therefrom.
VII. Constitution and Legislation
ARTICLE 50
ARTICLE 69
The President of the Republic shall be elected by the
ARTICLE 76
Chamber of. Deputies by secret ballot. If, in two suc-
There shall be a Comptroller and Auditor General
No law shall be enacted which is in any * respect
cessive ballots, no .candidate receives an absolute ma-
to control, on behalf of the State, all payments and to
repugnant to any of the provisions of this Constitution.
jority of votes, the candidate for whom, in the third
audit all accounts Of monies administered by or under
If the Courts pronounce any law or any provision
ballot, a relative majority of votes is cast, shall be
the authority of the Chamber of Deputies. He shall not
thereof to be repugnant to the Constitution, such law
deemed to have been elected.
be a member of the Chamber of Deputies nor hold any
or provision shall, to the extent of such repugnancy,
ARTICLE 51
other office or position of emolument. The . manner of
be thenceforth absolutely void and inoperative.
The term of office of the President shall be five years.
his appointment and the length and conditions of his
He may be re-eledted on the expiry of his term or at
tenure of office shall be fixed by law.
VIII. The Law
any subsequent election, but only for one additional
ARTICLE 77
V.
Judiciary
term of office:
The laws in force in the .State of Israel at the time
ARTICLE 52
ARTICLE 70
of the enactment of this Constitution shall continue in
The election of the President shall take place not
The judicial power shall be vested in and exercised
force to the extent to which they are not inconsistent
later than one month prior to the expiration of the term
by the Courts of Law established under this onstitu-
with the terms of this Constitution until the same or any
of the President in office. If the latter dies, resigns, is - lion.
They shall comprise:
of them shall have been repealed or amended by the
removed from office or becomes permanently incapaci-
(a) Magistrates' Courts;
Chamber of Deputies or under its authority. Future
tated, such incapacity being established by a decision
(b) District Courts;
legislation in Israel shall be guided by the basic piin-
of the Supreme Court, the election of a new President
(c) A High Court with original and appellate juris-
ciples of Jewish Law. Wherever the existing law does
shall take place within one month therefrom.
not provide adequate guidance, the .Courts-of-Law shall
diction in civil and criminal matters, and with exclusive
'ARTICLE 53
have recourse to these basic principles.
original jurisdiction in all questions relating to the
If the office of the President becomes vacant as a
validity of any law having regard to the terms of the
result of the death, resignation, removal, or permanent
• IX. Promulgation
Constitution;
incapacity of the holder, the Chairman of the Chamber
ARTICLE 78
(d)
of Deputies shall exercise the functions of the President
•
A court of final appeal to be called the Supreme
Court;
This Constitution shall come into force on the clay
until the election of a new President. •
of
its
publication
in
the
Official
Gazette.
ARTICLE 54
The President, upon entering his office, shall make
the following declaration in , the presence of members
of the Executive Council, the Chamber of Deputies and
the Judges of the Supreme Court and the Hig)i Court:
"I solemnly.promise that I will maintain the Constitution
and the laws of Israel, that I will dedicate myself to the
service and welfare of the People of Israel and that I
will act justly and rightly to all citizens of Israel."
ARTICLE 55
Israel's constitution, the text of which
, which interprets and applies those laws; and
Every official act of the President shall be counter-
The Jewish News feels privileged to publish
signed by the Prime Minister or a Member of the Ex-
they have an executive which carries out the
ecutive Council who shall thereby assume responsibility
in
full,
is
a
tribute
to
the
genius
of
the
lead-
laws
and which has at its disposal a consid-
for it.
eraBle foice which 'is responsible to its will.
ers of the reborn Jewish State and to the
ARTICLE 56
. The genius to :which the United
The President shall, after consultation with the
States
passion for justice which motivates the ac-
leaders of the parliamentary parties, appoint the Prime
tions of the builders of a new civilization ;spokesman referred is -reflected in the text
Minister and upon his advice, the other members of the
Executive Council. The President shall appoint the am-
of the proposed constitution. It includes
in the Middle East.
bassadors and ministers of the State of Israel. The
fundamental
Jewish precepts of justice. -It
President shall appoint the Commander-in-Chief of the
It is a great human document. It guaran- draws upon the
, Armed Forces of Israel and issue commissions to the
ideals of the
officers of these Forces.
tees the rights of all men, without distinc- American, British. time-tested
and
French
governmen-
ARTICLE 57
tion as to race or creed.
The President shall receive the diplomatic envoys
tal systems.
accredited to the State of Israel and shall issue exequa-
When Dr. Philip C. Jessup, United States
tors to foreign consuls.
It guarantees access to Holy PlaCes and
Delegate on the United Nations Security pledges to protect these places and those
ARTICLE 58
The President shall promulgate the laws enacted by
Council, asked for the admission of Israel who worship them.
the Chamber within ten days from the date of such
as a member of the UN, he paid the Jewish
enactment. If the law was enacted as an urgent measure
• it shall be promulgated within three days.
It is completely on record against any at-
State the following. compliments:
ARTICLE 59
tempt
to introduce discrimination, and all
\ The President shall exercise the prerogative of mercy.
So far as the question of capacity to enter
ARTICLE 60
peoples
are declared free ana equal, with
into relations with other states of the world is
The President shall, upon the advice of the Executive
opportunities
for,all to live humanly under
concerned, I believe that there would be
Council and with the assent of the Chamber of Deputies,
conclude treaties with foreign states.
the blue and white banner. s
unanimity that Israel exercises complete in-
ARTICLE 61
.
dependence of judgment and of will in form-,
The drafting of the Israeli constitution is
The President shall be removed from - office on im-
ing and in executing its foreign policy.
peachment by two-thirds of the Chamber of Deputies
another
important landmark in the estab-
No
one
doubts
that
Israel
has
a
government.
and on conviction by the Supreme Court of high treason,
bribery or culpable viol,ation of the Constitution.
I think the world has been particularly im-
lishment
of the Jewish State. It naves the
(2) The Executive Council.
pressed
with
the
way
in
which
the
people
of
ARTICLE 62
way for the completion of the already
Israel have organized their government and
The Executive Council shall consist of the Prime
hi'ave established a firm system of administra-
firmly established • Government of Israel.
Minister, the heads of the Departments of State and such
Ministers - without - Portfolio as may from time to time be
tion and lawmaking under the most difficult
Editorial
•
Israers Con.stitution— Great Hum
Document
.
THE JEWISH NEWS — I3
Friday, December 17, 1948
conditions. Although they still modestly and
appropriately call themselves the "Provisional
Government of Israel," they have a legislative
body which makes laws; they have a judiciary
This is another occasion on which to
make the Shehecheyanu: "Blessed be the
Lord Who- hassgiven us the great privilege
to witness this day in' Jewish history."