With the state of Israel emerged problem Constitution, where the first team called for a constitution for the country based on:
· Partition resolution issued in 1947 by the United Nations body, which demanded the two countries have developed a democratic constitution.
· Declaration of Independence contains a clause calling for a constitution for the state.
But there was a minority opposed to the constitution, and explained its position on the following matters:
· The State of Israel is not a decision of the United Nations, but the result of a war fought alone.
· The Declaration of Independence is not legally binding because it was not issued by the Knesset, which is more a statement and declaration of the festive filled by the State of Israel.
Constitution did not put in the years of the fifties for two reasons:
1) religious opposition camp, which claims that the Bible is the divine constitution of the Jewish people can not be mundane to the Constitution of the man-made to replace it.
2) the Constitution restricts the power and there is no authority want to restrict themselves.
In the late eighties exceeded the debate on the status of the Knesset Constitution limits and turned into a struggle of the broad public. I stood at the head of the struggle group of law professors at Tel Aviv University and proposed a draft of a new constitution, sparking the initial debate about the need for a constitution and about the implications of the desired constitution in Israel.
The fact that the absence of a constitution in Israel even today indicate problematic situation Constitution. This problematic due to the existence of different views on the desired character of the State of Israel, which is also reflected in the debate about the need for a constitution in Israel and its content:
· There is a state of Israel as a Jewish and democratic state, for this, they believe a, e if a formal constitution is found to ensure the condition of the individual and minority rights, and to restrict the powers of government, and the creation of standards and values of a democratic state.
· Between religious Jews can distinguish between two different positions:
- Religious Jews who agree to the idea of the Constitution, but see this Constitution integration of the values derived from traditional Jewish sources with the values and principles of democracy.
- Almatturon religious Jews (Hardam) oppose any constitution of man-made, and consider the Bible is the only binding constitution for the Jewish people.
التسميات
The State of Israel