Israeli Parties Divided on Constitution, Declaration of Independence Status

Discussions on Israel's identity as a Jewish and democratic state, and the need for a constitution, have been ongoing since the nation's founding. In recent years, a new debate has emerged regarding the elevation of the Declaration of Independence to a normative source of law, potentially serving as a de facto constitution. Ahead of the upcoming Knesset elections, Ynet surveyed parties with a realistic chance of entering the 26th Knesset on their views regarding the Declaration of Independence, the creation of a constitution, and the balance between Israel's Jewish and democratic character.

The Yachad party, led by Gadi Eisenkot, stated that recognizing the Declaration's values is a condition for forming a government but not necessarily through "constitutional-legal consolidation," pointing to the existing Basic Law: Human Dignity and Liberty. For the law on the state's national character, they propose a joint committee of Jews, Druze, and other sectors to consider legislative amendments. Yachad advocates for both Jewish and democratic principles, in the spirit of the Declaration.

Naftali Bennett's Be-Yachad party proposed the Declaration of Independence as an introductory chapter to a constitution, alongside a Basic Law on Legislation to define the powers of government branches. Avigdor Lieberman's Yisrael Beiteinu party demands a full constitution, including a bill of rights and freedom from religious coercion, to replace existing basic laws, with the final document to be approved by referendum.

Kachol Lavan, led by Benny Gantz, supports a constitutional process with broad national consensus, starting with a Basic Law on Legislation. They believe neither the democratic nor the Jewish principle should be prioritized, advocating for clear rules and checks and balances to manage conflicts. Yair Golan's Democrats party pledges to make the Declaration's values a binding constitutional basis, guaranteeing rights like equality, free speech, and religion.

Otzma Yehudit, headed by Itamar Ben-Gvir, opposes giving the Declaration binding legal force, calling it a historical and moral document, not a constitution. They assert Israel's primary identity is as the national home of the Jewish people, with democracy as its governance system. Bezalel Smotrich's Religious Zionism party views the Declaration as a historical, not legal, document, warning that giving it legal force would grant unchecked power to judges. They believe the issue of judicial oversight must be resolved before further enshrining principles like equality.

Moshe Feiglin's Zehut party, running with Religious Zionism, stated unequivocally, "The State of Israel is a Jewish state, period." The United List party seeks a constitution enshrining democratic values and human rights, but opposes any document that doesn't guarantee full civil and national equality for the Arab population. Mansour Abbas's Ra'am party supports giving the Declaration binding legal status and amending the Basic Law on the National Character of the State to explicitly include equality for all citizens, stating that Israel's Jewish identity does not justify discrimination against Arab citizens.

The Likud, Shas, Yahadut HaTorah, Reservists - Economic Party, and Amcha Yisrael parties did not respond to the survey.