Why the Declaration of Independence is Not, and Should Not Be, Israel's Constitution: Two Views

Israel’s declaration was never intended to function as domestic law. There’s no reason it should have been transformed into the quasi-constitution it is today.

A tourist looking at a picture of David Ben-Gurion at the Independence Hall Museum, the house in Tel Aviv where Ben-Gurion declared Israel’s independence on May, 14 1948. JACK GUEZ/AFP via Getty Images.

A tourist looking at a picture of David Ben-Gurion at the Independence Hall Museum, the house in Tel Aviv where Ben-Gurion declared Israel’s independence on May, 14 1948. JACK GUEZ/AFP via Getty Images.

Response
Nov. 22 2021
About the authors

Eugene Kontorovich is a professor at George Mason University Antonin Scalia School of Law, director of its Center for International Law in the Middle East, and a scholar at the Kohelet Policy Forum in Jerusalem.

Yonatan Green is executive director of the Jerusalem-based Israel Law & Liberty Forum, a Tikvah Fund project.

Eugene Kontorovich

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More about: Israel & Zionism, Israeli Declaration of Independence, Martin Kramer on the Israeli Declaration of Independence