Updated 4 April 2023


Frequently Asked Questions

Since the website went up, thousands of supporters have already registered, and we have already received countless questions from both them as well as from those who have not yet decided to join the constitutional revolution.

We have collected the most frequently asked questions and prepared answers for them. Here, we will share them with you.

How does the constitution protect group X? How does the constitution protect group X?

How does the constitution protect group X?

The constitution prevents any legislation directed against (or in favor of) any group:

No Law aimed at a specific person or a specific group shall be proposed. (Chapter 2, Section 4(k))

The constitution also prohibits government ministries and institutions of the executive branch from acting in any way not approved by law:

Government Ministries and Institutions shall not establish external procedures for themselves that require or prohibit parties outside the government to do anything unless the details of the procedure are determined by Law. (Chapter 3, Section 10)

However, the purpose of a constitution is not to protect groups. The constitution protects all citizens of the country, and all residents of the country who are not citizens, but it protects them as individuals, equal before the law. Still, even this is not the main purpose of the constitution. A constitution is designed to define and limit government. After all, there is nothing more dangerous to individual freedom (and also to the good of any group) than a government that is not dependent upon its citizens. The government has the exclusive right to use force and coercion against us. It is therefore necessary first and foremost to bind this very dangerous thing and make sure that it remains within the strict boundaries of what it is permitted to do, rather than being allowed to do as it pleases except for certain things.

How does the constitution prevent the Supreme Court from... How does the constitution prevent the Supreme Court from...

How does the constitution prevent the Supreme Court from interfering in political questions where there is no violation of the law?

The Supreme Court has two main functions: It is the final court of appeal. A decision made by the Supreme Court can no longer be appealed. It is final. The second role is to invalidate laws that violate the constitution. But it can only do so in the context of a lawsuit against the government brought by the an interested party who has been harmed by the law.

Up until now, the High Court has exercised its power to intervene in the government's decisions by means of the government's legal advisor. There is no such position in the constitution at all. All of the power of the Supreme Court is after the fact. It can issue a temporary restraining order if the court knows that someone is indeed in the process of suing the government on the basis of the constitution and a temporary injunction is the only way to prevent unjust harm. The government can then override the injunction only if there is an immediate security danger in complying with the injunction.

What does it mean: "to give expression to the Jewish nature... What does it mean: "to give expression to the Jewish nature...

What does it mean: "to give expression to the Jewish nature of the state" (Chapter 2, Section 5(a)(2)) Is this talking about legislating Jewish law?

Of course not. But remember that the State of Israel is a Jewish state. Its symbols as well as its anthem derive from the Jewish identity from which the state was founded. There is and always will be a connection between the State of Israel and Judaism above and beyond anything else.

How does the constitution solve the problem of the gap... How does the constitution solve the problem of the gap...

How does the constitution solve the problem of the gap between the richest in the country and the poorest?

It doesn’t. We did not bring the constitution to transform country into a paradise. The constitution has very limited purposes. Those who want changes beyond these goals must either put pressure on legislators to enact appropriate laws or propose a constitutional amendment and collect enough signatures for the proposal to appear on the ballot in the next election. This is how things change in a constitutional democracy.

Why is there no mention of parties in the constitution?... Why is there no mention of parties in the constitution?...

Why is there no mention of parties in the constitution? Do they have a place in the new system?

Parties cause division. Between parts of the population, but more importantly, between the citizen and the source of governmental power. Think for a moment about what democracy is. Pure democracy means that every government decision requires a referendum. that everyone would vote for or against every governmental decision. Such a democracy can operate with a population of perhaps a thousand people, no more. It was for this reason that the republic was invented, in which democracy is representative. Instead of everyone voting on every matter, they choose representatives for themselves from time to time, and the representatives vote on every matter. This is how it is possible to run a country, but it comes at the cost of separating the citizen from direct political power.

Parties, at least parties as they exist today in the State of Israel, add another layer between the citizen and the political power. Because a Knesset member is not obligated to the citizen. He is obligated to his party. His party, one could say, is in a certain sense committed to the citizen, but already the connection between the citizen and the government is vague and weak. And there is no benefit to the citizen.

Of course, anyone who wants to join a group or party and from there try to coordinate political activity, they are free to do so. But this has nothing to do with the political system of the country.

How does the constitution prevent a court from interpreting... How does the constitution prevent a court from interpreting...

How does the constitution prevent a court from interpreting a law in a way that the legislators did not intend?

There are two answers:

The first is that The Supreme Court and the courts inferior to it shall judge according to the Constitution and Law, and according to Precedent, and shall not take into account reasonableness in the eyes of the judge or social circumstances. (Chapter 4, Section 8)

And the second is that The House of Representatives shall have the sole power of impeaching an Officer in the Executive or Judicial Branch. (Chapter 2, Section 2(e)) along with The House of Delegates shall have the sole power to try Officials in the Executive and Judicial branches who have been impeached by the House of Representatives, and if the Premier is tried, the Chief Justice of the Supreme Court shall preside. (Chapter 2, Section 3(h))

That is, the constitution forbids it, and the Knesset has the power to remove a judge who disobeys the constitution.

The Second Amendment to the US Constitution guarantees the right... The Second Amendment to the US Constitution guarantees the right...

The Second Amendment to the US Constitution guarantees the right to bear arms. Why does it not appear in this constitution and its bill of rights?

It is impossible to include in the Israeli Bill of Rights a right where the absolute majority of the population does not agree with it. Again, a constitution is not a weapon by means of which one side can impose its views on the other side.

Why is there no mention of organized labor in the constitution? Why is there no mention of organized labor in the constitution?

Why is there no mention of organized labor in the constitution?

There is, indirectly. Amendment 1: The Knesset shall not limit freedom of speech or of the press or of willing association. This association may express itself in organized labor or groups based on beliefs or political or cultural opinion. Everyone is permitted to associate voluntarily with anyone else.

 

בקרוב, תוכל להירשם באתר זה כדי להביע את תמיכתך בחוקה החדשה. בינתיים, נא להשאיר בטופס גוגל את פרטי התקשרות כדי שנוכל להודיעך על תחילת ההרשמה. לא תקבל מיילים ממנו חוץ מההודעה ההיא אלא אם כן תאשר את רצונך לקבל עדכונים, והפרטים שלך לא ישותפו עם אף גורם אחר.