Unamendability in Israel: A Critical Perspective

Abstract

This chapter explores unamendability in Israel. Even though Israel has no full or formal constitution, and no specific amendment rules, two forms of unamdenability could be identified. The first form is concealed unamendability, which prevents certain kinds of amendments through controlling the composition of the Knesset (the legislature which also has the power to enact and amend constitutional Basic Laws). The second is judicially-introduced unwritten unamendability. Unamendability in both cases aims to protect Israel’s definition as a Jewish and democratic state. The chapter will examine both forms of unamendability and the functions they serve, highlighting the expressive and the preservative functions. It will also examine the implications of unamendability for constitutionalism in Israel emphasizing the impact of entrenching particular values such as the Jewish definition and its contribution to creating a hierarchy among the citizenry and the entrenchment of favourable status for certain groups.