Contributing to the Jewish state’s current controversy over efforts to reform its judicial system, observes Peter Berkowitz, is its lack of a written constitution. Berkowitz encourages Israelis to seek a way out of the present crisis by looking to the founding document they do have: the Declaration of Independence.

The document does not explicitly mention “democracy.” But it commits Israel to democratic institutions not only by insisting on the equality of rights for all citizens and the establishment of representative government but also by stressing that Arab inhabitants would enjoy “full and equal citizenship.”

The Israeli Declaration of Independence no more provides a constitution for Israel than does the U.S. Declaration of Independence furnish a constitution for America. Both documents, however, announced a universal standard. In 1859, as civil war loomed, Abraham Lincoln wrote in a letter, “All honor to Jefferson—to the man who, in the concrete pressure of a struggle for national independence by a single people, had the coolness, forecast, and capacity to introduce into a merely revolutionary document, an abstract truth, applicable to all men and all times, and so to embalm it there, that to-day, and in all coming days, it shall be a rebuke and a stumbling-block to the very harbingers of re-appearing tyranny and oppression.”

Something similar could be said about Ben Gurion’s . . . affirmation that Israel would be based on, ensure, and guarantee basic rights and fundamental freedoms because they are inseparable from our humanity.

Perhaps reconsideration of the precious inheritance enshrined in Israel’s Declaration of Independence could assist both sides in assuaging the rage roiling the country. Bold and conciliatory, the nation’s founding document promises not merely a Jewish state, or a free state, or a democratic state, but that Israel will combine and reconcile its diverse elements to form a Jewish and free and democratic state.

In a sense, the most successful negotiation with Hamas was the recent agreement securing the release of Edan Alexander, the last living hostage with a U.S. passport. Unlike those previously handed over, he wasn’t exchanged for Palestinian prisoners, and there was no cease-fire. Dan Diker explains what Hamas got out of the deal:

Alexander’s unconditional release [was] designed to legitimize Hamas further as a viable negotiator and to keep Hamas in power, particularly at a moment when Israel is expanding its military campaign to conquer Gaza and eliminate Hamas as a military, political, and civil power. Israel has no other option than defeating Hamas. Hamas’s “humanitarian” move encourages American pressure on Israel to end its counterterrorism war in service of advancing additional U.S. efforts to release hostages over time, legitimizing Hamas while it rearms, resupplies, and reestablishes it military power and control.

In fact, Hamas-affiliated media have claimed credit for successful negotiations with the U.S., branding the release of Edan Alexander as the “Edan deal,” portraying Hamas as a rising international player, sidelining Israel from direct talks with DC, and declaring this a “new phase in the conflict.”

Fortunately, however, Washington has not coerced Jerusalem into ceasing the war since Alexander’s return. Nor, Diker observes, did the deal drive a wedge between the two allies, despite much speculation about the possibility.