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."