Rights10/7/2026

Parties Divided Over the Legal Validity of the Declaration of Independence

Ahead of the elections for the 26th Knesset, the ynet website examined whether the parties are prepared to grant the Declaration of Independence binding legal force and amend Basic Law: Israel – The Nation State of the Jewish People. There is no uniform position: some propose making the Declaration the basis for a future constitution, while others view it solely as a historical document.

Key facts

•Subject: The legal status of the Declaration of Independence
•Body: The 26th Knesset
•Basic Law: Israel – The Nation State of the Jewish People
•Proposed law: Basic Law: Legislation
•Five parties did not present a position
•The original publication date was not specified

What the Parties Are Discussing

The Declaration of Independence enshrines the conception of Israel as a Jewish and democratic state, but is not in itself a constitution. The parties were asked whether it should be granted binding status, used as the basis for a future constitution, and whether Basic Law: Israel – The Nation State of the Jewish People should be amended. A separate question addressed a possible contradiction between the state's Jewish character and its democratic character.

Supporters of Constitutional Entrenchment

The “Beyachad” party, led by Naftali Bennett, proposes making the Declaration of Independence the introductory chapter of the constitution and enacting Basic Law: Legislation, which would define the division of powers among the Knesset, the government, and the court. “Yisrael Beiteinu” supports a full constitution that would replace the Basic Laws, include the Declaration as a normative basis, and be approved in a referendum. “The Democrats” seek to give binding constitutional force to equality, freedom of expression, and freedom of religion; Ra’am supports granting the Declaration binding status and explicitly enshrining equality in Basic Law: Israel – The Nation State of the Jewish People.

A Cautious Approach and the Search for Balance

“Yashar!” views recognition of the Declaration’s values as a condition for forming a government, but allows for them not to be directly enshrined in a constitution and instead for a reference provision to be established, similar to Basic Law: Human Dignity and Liberty. The party also proposes establishing a joint Jewish-Druze and cross-sectoral group to prepare an amendment to Basic Law: Israel – The Nation State of the Jewish People. “Blue and White” would allow binding entrenchment only as part of a broad constitutional reform and national consensus, without granting permanent precedence to either the Jewish element or the democratic element.

Opponents of Binding Status

“Otzma Yehudit” defines the Declaration as an important historical, moral, and foundational document, but not as a constitution, and places the state’s Jewish national identity at the top of its priorities. “Religious Zionism” likewise views the Declaration as a historical rather than legal text and fears that granting it binding status would excessively broaden the scope of judicial interpretation; “Zehut,” which is running with it on the same slate, declared the unconditional primacy of the state’s Jewish character. “The Joint List” supports a constitution and full equality, but opposes granting legal force to a document that does not guarantee the Arab population full civil and national equality.

Not All Responded

“Likud,” Shas, “United Torah Judaism,” “Reservists – Zelekha,” and “Amcha Yisrael” did not respond to ynet’s questions. The article reflects the parties’ positions ahead of the elections, not an enacted law or a judicial decision. The source does not mention specific bills, voting dates, or the reform’s final outcome.

What this means for you

For now, the legal status of the Declaration of Independence and the existing legislation have not changed: these are only the parties’ plans. If one of the initiatives becomes law or part of a constitution, it could affect the protection of equality and other fundamental rights, as well as the powers of the Knesset, the government, and the courts. The practical implications will depend on the final wording and how the reform is approved.

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