Israel Considers Gradual Approach to Long-Standing Constitutional Debate

Israel has been engaged in a nearly 80-year debate over establishing a formal constitution, with repeated attempts hindered by deep divisions over national identity, religion and state relations, human rights, and other core values. Despite these challenges, the need for a constitution remains clear, but the focus must shift from the goal itself to the process of achieving it.

Recent constitutional crises and controversial legislative changes have sparked widespread public discourse on constitutional principles, such as Basic Laws, parliamentary powers, judicial review, and the balance of government branches. This marks a significant shift from the issue being confined to legal experts to becoming a central topic in public debate. While it is premature to declare Israel has reached a full "constitutional moment," the public conditions for such a breakthrough are more favorable than ever.

Professor Yaffa Zilbershatz, former dean of Bar-Ilan University's Faculty of Law and a member of the "Thin Constitution" project team, advocates starting with a limited constitutional framework. This "thin constitution" would focus on shared rules of the political system, particularly enshrining a Basic Law on legislation that clarifies the status and amendment procedures of Basic Laws and defines the relationship between the Knesset and the judiciary regarding judicial review.

This incremental approach acknowledges that a stable constitution depends not only on its content but also on broad public legitimacy and trust. Gradual constitutional development, built on consensus and public readiness, is common internationally. The thin constitution is not a retreat from the ultimate goal of a comprehensive constitution but a necessary step to establish stability and confidence, paving the way for future agreement on deeper identity and value issues.

If Israel capitalizes on the current public awareness and engagement triggered by recent crises, it may seize the greatest opportunity since its founding to complete its constitutional project.

The article was published in collaboration with the Jewish People Policy Institute (JPPI) on August 16, 2026.