Basic Law: Human Dignity and Liberty חוק יסוד: כבוד האדם וחירותו

Ключевые положения

• Protects life, body, and dignity; bars violations of property; bars arrest or imprisonment except by law
• Guarantees personal liberty, privacy, and the right of every citizen to leave and enter Israel
• Section 8 'limitations clause', rights may be infringed only by a law befitting the values of Israel as a Jewish and democratic state, for a proper purpose, and to an extent no greater than required
• Section 12 shields the law from emergency regulations
• Binds all governmental authorities

Контекст

Passed on 17 March 1992 by a vote of 32 to 21 in the Knesset. Three years later in the landmark United Mizrahi Bank ruling (1995), Chief Justice Aharon Barak held that the law's limitations clause empowered the Supreme Court to invalidate ordinary statutes that violated protected rights, what he termed Israel's 'constitutional revolution.' A vigorous public debate continues over the proper balance between judicial review and Knesset sovereignty.

Заметные поправки

• 1994: Conforming amendment adding a 'basic principles' section anchoring rights in the value of the human being and the sanctity of life, alongside the re-enactment of Basic Law: Freedom of Occupation

Сегодня

Survived multiple proposals during the 2023 judicial-reform push to add an override clause that would let the Knesset re-enact struck-down laws by simple majority; the Supreme Court's January 2024 reasonableness ruling reaffirmed the law's status as Israel's quasi-constitutional rights anchor.