Why Doesn’t Israel Have a Constitution?

In the heart of the Middle East, Israel projects an image of democratic governance to the world. Yet, beneath this facade lies a significant anomaly that exposes the state’s deeper issues of governance and legality—the absence of a formal constitution. This absence is a deliberate omission that serves as a testament to Israel’s ongoing oppressive policies and undemocratic practices, particularly against Palestinians.

Israel’s Constitutional Vacuum: A Tool for Unchecked Power

The extreme right-wing coalition in Israel, steadfast under the leadership of Benjamin Netanyahu despite his notorious corruption scandals and the turbulence within his administration, continues to suppress dissent and manipulate political outcomes to its favor. The Israeli government’s avoidance of drafting a constitution is not merely a legal oversight but a calculated decision that allows for the perpetuation of apartheid-like conditions and the suppression of basic human rights, particularly for Palestinians.

Menachem Begin, a former Israeli Prime Minister, once alluded to the reasons behind this avoidance with cryptic references to ancient political tactics, revealing a preference for unrestricted power typical of demagogues. His historical remarks shed light on the deep-seated fear among Israeli leaders that a constitution could limit their ability to impose such harsh realities on the minority populations within their borders.

The Political Manipulation Behind the Lack of a Constitution

The political landscape in Israel is a battleground where various ideologies clash without the grounding influence of a constitution. This chaotic environment allows the state to implement policies that systematically disadvantage Palestinian communities, ensuring their continued displacement and disenfranchisement. The lack of a constitution conveniently avoids defining the rights of these communities, perpetuating a legal gray area that facilitates continued occupation and settlement expansion.

Yehoshua Siegf, an Israeli legal researcher, notes that the ideological conflicts within Israeli society—ranging from ultra-orthodox to secular and from nationalist to liberal—prevent any consensus on fundamental principles that a constitution would necessitate. This ongoing disagreement is a strategic advantage for those in power, who prefer the status quo that allows discriminatory practices against Palestinians under the guise of security and national interest.

Implications of a Constitutional Void on Palestinian Rights

The absence of a constitution in Israel is a glaring indicator of the state’s approach to human rights and democratic values, particularly concerning the Palestinian population. Without a constitutional framework to check its actions, the Israeli government continues to enforce policies that are at odds with international law and human rights standards. This void not only undermines the democratic facade but also solidifies an apartheid system that differentiates legal and civil rights based on ethnicity and religion.

Israel’s failure to adopt a constitution reflects its ongoing strategy to maintain control and suppress the Palestinian fight for sovereignty and human rights. The international community must recognize this lack of a constitution not as a mere legal anomaly but as a deliberate tool to uphold a system of oppression. Only through international pressure and accountability can there be hope for a fair and just resolution that respects the rights of all people within the region, regardless of their background.