Jewish Nationl Home – IZS Proposal

Basic Law: The National Home

The State of Israel was established as a Jewish state. Previous to its founding, the international community (speaking through the League of Nations and the UN Charter) had established and administered the British mandate to help ensure this result, and the General Assembly called for theestablishment of Jewish and Arab states in November 1949. In its Declaration of Independence, the newly established Jewish state was defined as the National Home of the Jewish People.  The Declaration also set forth some of the democratic principles to govern the State. For more than fifty there had been a broad public consensus in Israel regarding the meaning of a Jewish state and of the National Home of the Jewish People. But in recent years, there has been a change. A strong segment of the academic, intellectual and judicial establishment in Israel has been working to see to it that Israel becomes a liberal-democratic state instead of aJewish state and the National Home of the Jewish People. The state this group seeks to fashion would retain certain Jewish characteristics, but only those which do not infringe upon the principle of absolute equality. This extreme approach distorts the intentions of the nation’s founding fathers and the objective and moral reasons for Israel’s creation It would alter the Jewish nature of Israel and decimate its centrality and strength for theJewish People.

Clearly therefore, there is a pressing need to establish by law the fundamental characteristics of Israel as a Jewish state and the National Home for the Jewish People. This legislation must be in the form of a Basic Law so that it will not be undermined and eroded by judicial fiat. The IZS has drafted just such a Basic Law. The IZS draft law also includes provisions for the State to promote Jewish culture, history, education, and aliyah. It reaffirms and strengthens the connection of the Jewish state to the Jewish People, and the Jewish characteristics of the State, such as the centrality of Jerusalem, Hebrew as the official language, the Jewish calendar, and the national flag and anthem.

Basic Law: The National Home

National Home

1. The State of Israel is a Jewish state and the National Home of the Jewish People; wherein the Jewish People fulfills its yearning for self-determination in accordance with its historical and cultural heritage.[1][1]Only the Jewish nation is entitled to the right to national self-determination within the State of Israel.

Interpretation

2. This Basic Law and all other laws shall be interpreted in conformity with Clause 1.

Preservation of Culture, Heritage and Identity

3. Each resident of Israel, without regard to his religion or nationality, shall be entitled to strive for the preservation of his culture, heritage and self identity.The State may permit a community, including the members of a single religion or the members of a single nationality, to establish separate settlements and communities.

Anthem, Flag and Symbol

4. The national anthem is “Hatikva”; the flag is white, two blue stripes along its top and bottom margins and a blue Star of David at its center; the state symbol is a seven-branched menorah with olive branches on either side of the menorah and the word “Israel” at its base.[1][2]
   

Return

5. Every Jew shall have the right to immigrate to Israel and to obtain citizenship in accordance with the provisions of law.[1][3]

Ingathering of the Exiles and Jewish Settlement

6. A. The State will act to ingather the exiles of Israel.
7. The State shall promote Jewish settlement in Israel and shall allocate    lands and resources for Jewish settlement. [1][4]

The Connection to the Jewish People in the Diaspora

7. A. The State will act to strengthen the connection between Israel and the Jewish communities in the Diaspora.
8. The State will act for the well being of members of the Jewish People who are in distress.

Language

8. Hebrew is the official state language.

The Official Calendar

9. The Hebrew Calendar is the official State calendar.[1][5]

Independence Day

10. Independence Day is the national holiday of the State.

Days of Rest

11. The established days of rest in the State of Israel are the Sabbath and the Jewish Holidays; an employee shall not work on these days of rest; individuals belonging to legally recognized ethnic groups shall be entitled to refrain from work on their holidays. All of the above as regulated by statute.[1][6]

Kashrut

12. The laws of Kashrut shall be observed in the IDF and in all national institutions.

Preservation of The Jewish Heritage

13. The state will work to preserve and nurture the historical and cultural heritage of the Jewish People.

The Study of Jewish Heritage

14. The history of the Jewish people, its heritage and its traditions shall be taught in all educational institutions serving the Jewish public.

Jewish Civil Law

15. Jewish civil law shall serve as a resource of wisdom for legislation.  Where a court is to deecide a dispute which cannot be resolved by existing statute, by judicial precedent, or by strict legal analogy, it shall render its decision in accordance with  the principles of freedom, justice, equity, and peace derived from Jewish civil law.

Basic Law

16. This Basic Law may not be changed or amended, except by a Basic Law passed by a majority of the Members of the Knesset.

 

[1][1]        From the Declaration of Independence.

[1][2]        Taken from the Flag, Symbol and Anthem Law 5709, 1949

[1][3]                        The concept appears in the Law of Return 5710, 1950.

[1][4]                        Based on the Declaration of Independence.

[1][5]                        This clause is based upon the instructions stated in the

Law for the usage of the Hebrew date 5758, 1998.

[1][6]                        Based on Clause 7 of the Work and Rest Hours Law 5711, 1951.