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On the Written Constitution

Published online by Cambridge University Press:  12 February 2016

Meir Shamgar
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Extract

Since 1950 four Basic Laws have been enacted: The Knesset, Israel Lands, The President of the State and The Government.

Some months ago the Ministry of Justice presented to the Ministerial Committee on Legislation the draft of a new Basic Law called Basic Law: Legislation. If this draft is approved by the Government, it will be presented to the Knesset as a Government Bill. The draft includes an outline of the basic principles and powers relating to legislation and the provisions which call for specific attention are as follows:

a) A Basic Law shall bear the name “Basic Law”.

b) A Basic Law, a law amending a Basic Law or a provision of law contradicting a provision of a Basic Law, shall require—on its final reading—the vote of a majority of members of the Knesset, provided the Basic Law involved does not explicitly require a larger majority.

c) A provision amending a Basic Law or contradicting it shall have the force of law only if it states explicitly that it is to have that effect.

Type
Articles
Information
Israel Law Review , Volume 9 , Issue 4 , October 1974 , pp. 467 - 476
Copyright
Copyright © Cambridge University Press and The Faculty of Law, The Hebrew University of Jerusalem 1974

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References

1 Basic Law: The Knesset (1958) 12 L.S.I. 85Google Scholar; Basic Law: Israel Lands (1960) 14 L.S.I. 48Google Scholar; Basic Law: The President of the State (1964) 18 L.S.I. 177Google Scholar; Basic Law: The Government (1968) 22 L.S.I. 257.Google Scholar

2 (1973) H.H. no. 1085, p. 448.

3 Ze'eu v. Acting District Commissioner of Tel Aviv (1948) 1 S.J. 68, 72.

4 Bergmann v. Minister of Finance (1969) (I) 23 P.D. 693 [Cf., 1) Klein, , Elman, and Akzin, , “Judicial Review of Statute” (1969) 4 Is.L.R. 559; 2Google Scholar) Bergmann, , “The Supremacy of the Knesset” (1971) 6 Is.L.R. 117; 3)Google ScholarKlein, , “A New Era in Israel's Constitutional Law” (1971) 6 Is.L.R. 376.Google Scholar (Ed.)].

5 Israel's Parliament (Oxford, 1971) 79.

6 Vauxhall Estates Ltd. v. Liverpool Corporation [1932] 1 K.B. 733; Ellen Street Estates Ltd. v. Minister of Health [1934] 1 K.B. 590 and British Coal Corporation v. The King [1935] A.C. 500.

7 Essays in Constitutional Law (Stevens, London, 1961).

8 “Sovereignty of Parliament” (1960) 79 L.Q.R. 196.

9 Constitutional Law (Edinburgh, 1968).

10 Holcombe, A.N., State Government in the United States (1931)Google Scholar, cited in Friedrich, C. J., Constitutional Government and Democracy (1968) 155.Google Scholar

11 Smith, S.A. de, Constitutional and Administrative Law (Longmans, 1973) 37.Google Scholar

12 Freedom and Responsibility in the American Way of Life (1955) 76.