Basic Laws - Entrenched Clauses

This Document has opened in a separate window so that you can study it simultaneously with other documents.
To search for a word, use the "find" function in the Edit Menu at the top of your browser.
To close or minimalize this page, click in the appropriate box in the upper right corner.

WEBSITE MAP FOR STUDY GUIDES, CHARTS, LISTS, TABLES, ETC.

Detail - List of Entrenched Clauses which give the Basic Laws special status

Goto Source for this Table - essay on Zionist attempts to create a Zionist democracy.

The text of the Entrenched Clauses found in the Basic Laws of the State of Israel. These clauses only apply to attempts to change the literal meaning or wording of the Basic Laws they are included in by either regular laws or emergency regulations passed by the Knesset (Kretzmer, 1990; State of Israel Official Website, 1998).

Basic Law: The Knesset (1958)
- LAW NOT TO BE AFFECTED BY EMERGENCY REGULATIONS
  Section 44: Not withstanding the provision of any other law, this Law cannot be varied, suspended, or made subject to conditions by emergency regulations.
- ENTRENCHED SECTION Section 45: Section 44, or this section, shall not be varied save by a majority of eighty members of the Knesset.

Basic Law: President of the State (1964)
- LAW NOT TO BE AFFECTED BY EMERGENCY REGULATIONS
  Section 25: Not withstanding the provision of any other law, this Law cannot be varied, suspended, or made subject to conditions by emergency regulations (Laws if the State of Israel, 1948-1984; State of Israel Official Website, 2003).

Basic Law: The Judiciary (1984)
- LAW NOT TO BE AFFECTED BY EMERGENCY REGULATIONS
  Section 22: This Law cannot be varied, suspended, or made subject to conditions by emergency regulations.

Basic Law: Human Dignity and Liberty (1992)
- STABILITY
  Section 12: This Basic Law cannot be varied, suspended or made subject to conditions by emergency regulations; notwithstanding, when a state of emergency exists, by virtue of a declaration under section 9 of the Law and Administration Ordinance, 5708-1948, emergency regulations may be enacted by virtue of said section to deny or restrict rights under this Basic Law, provided the denial or restriction shall be for a proper purpose and for a period and extent no greater than is required.

Basic Law: Freedom of Occupation (1992)
- STABILITY
  Section 6. This Basic Law shall not be varied, suspended or made subject to conditions by emergency regulations.
- ENTRENCHMENT
  Section 7. This Basic Law shall not be varied except by a Basic Law passed by a majority of the members of the Knesset.

Basic Law: The Government (2001)
- PERMANENCE OF THE LAW
  Section 44:
  - (a) This Basic Law can only be changed by a majority of the Knesset members; the majority under this subsection will be required for decisions of the Knesset plenum in the first, second and third readings; for purposes of this subsection, "change" is either explicit or by implication.

Goto TOP of this document

Goto Source for this Table - essay on Zionist attempts to create a Zionist democracy.

All constructive suggestions, feedback and questions are most welcomed - info@israellawresourcecenter.org