Legislation9/27/2026

Opinion: A “Narrow Constitution” Could Regulate Relations Among the Branches of Government

Law professor Yedidia Stern supported the opposition parties’ intention to place regulation of Israel’s constitutional structure on the national agenda. However, instead of a full constitution, he proposes seeking broad agreement on a more limited issue—the relations among the branches of government and the judicial system.

Key facts

•Source: Opinion column in ynet News
•Author: Yedidia Stern
•First published: 28.09.2026
•Proposed format: A “narrow constitution”
•The source contains no legal proceeding or court ruling

What the Opposition Proposed

The leaders of the opposition parties presented shared principles for the government they intend to form. These include equality in sharing the burden, a state commission of inquiry, limiting the prime minister’s term in office, and establishing a constitution. The author believes that all four issues are important, but notes that the first three can be regulated more quickly through ordinary legislation.

Why a Full Constitution Is Not Realistic at This Stage

According to Stern’s explanation, a full constitution must answer three groups of questions: What is the identity of the state, which human rights does it recognize, and how are the branches of government structured? Given the current polarization in Israeli society, broad agreement on issues of identity and rights is unlikely to be reached. The author notes that previous serious attempts to establish a constitution were unsuccessful and that the social divide is even deeper today.

Why Broad Agreement Is Required

Constitutional norms must be protected from amendment by an ordinary coalition majority; otherwise, they will not ensure the system’s stability. However, in the author’s view, restricting the freedom of action of a future parliamentary majority is permissible only with broad public support. Therefore, he does not regard the enactment and entrenchment of controversial provisions by a single political coalition as a legitimate solution.

What Is the Idea of a “Narrow Constitution”?

Stern proposes limiting the constitutional arrangement to rules governing the interactions among the legislative, executive, and judicial branches. The controversy surrounding the judicial reform shows that significant disagreements exist here as well, but they relate less to issues of collective identity. The author believes that much broader agreement can be reached on a fair and effective model for relations among the branches of government than on a comprehensive constitution.

What this means for you

This is not an enacted law but a proposal by the author, and therefore the existing rights and obligations of Israel’s residents have not changed. If such an arrangement is formulated and adopted, it could establish more stable rules for interactions among the government, the Knesset, and the judicial system, while also making them more difficult to amend by an ordinary coalition majority.

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