r/ColdWarPowers • u/Volarioo • 2h ago
EVENT [EVENT] The People’s Democratic Republic of Israel
It was always a given that Israel would have a constitution.
Only among the higher-ups at Mapai, particularly those most closely aligned with Ben Gurion’s pro-Western clique, was there an inkling that perhaps Israel would not need a real constitution. It could, like Britain, operate on a de facto, rather than de jure basis.
It is the right of the conqueror to decide policy upon the conquered, after all.
Among the constitutionalists in the Israel government, there were a few models that circulated during 1948, the height of Ben-Gurion’s dominance. Would the model be American? A few compromises stitched together with a bill of rights would certainly be enough, but it was also deeply lacking for the particulars of the Zionist experiment. Others pointed to the Mexican constitution, a tome of individual laws, meant to serve less as a guiding light in internal affairs and more as a Hammurabi-style legal code.
Eventually, a new model came to the forefront: Czechoslovakia. Even among western-aligned members of Mapai, the consensus was that if Israel were to have a constitution, it would be the Czech model.
Mapam and the Israeli left agreed, though perhaps not for the same reasons.
The first thing the Knesset did when it came into session in April of 1949 was to name itself. It passed unanimously. The name was just too good, too filled with biblical and practical meaning.
The second thing the Knesset did when it came into session in April of 1949 was to recognize the authority of the Central People’s Government of the Republic of China (in a resolution proposed by the great sinophile Yitzhak Sadeh). The Israeli diplomatic corps, still focused on the evacuation of Shanghai, responded to this with a few exasperated sighs.
The third thing the Knesset did when it came into session in April of 1949 was begin the drafting of the new constitution, a task which involved an equal combination of compromise, lying, and plagiarism.
It wasn’t just that significant sections of the constitution were stolen verbatim from the Czech constitution, itself stolen verbatim from the Stalin Constitution of 1936, but that everyone knew exactly what was happening.
There was an implicit threat, one which the right-wing opposition in Herut understood all too well. If the constitution was put into practice, Israel could no longer realistically claim to be neutral, but now a fully fledged member of the Eastern Bloc, in theory if not in practice.
But there was nothing the opposition could do. Herut Knesset members sat helplessly as Communists debated the best guarantees for the Kibbutzim.
Even the progressives, wooed by the promise of constitutionally guaranteed property rights and freedom of speech, went along. A clique of left-leaning Mapai members, led by Golda Meir, recognized at a certain point that it was far better to cooperate than to argue for the bewildering “anti-constitutionalist” position advocated by Herut.
And so it came to pass, on July 4th, 1949. The Knesset adopted a new constitution, and a new name change. They were now officially citizens of the People’s Democratic Republic of Israel.
Section One of the constitution of the People’s Democratic Republic of Israel (Adopted July 4th, 1949)
Article 1. (1) The State of Israel is a Democratic People’s Republic
(2) The people are the sole source of all power in the state
Article 2.
(1) The Democratic People’s Republic of Israel is a Jewish and Democratic state, the national territorial center of the Jewish people
(2) The Rights of all citizens of the Democratic People’s Republic of Israel will not be infringed due to religion, race, or language.
Article 3.
(1)The maintenance of the Democratic People’s Republic is the neccesarry duty of all citizens of Israel. No privilege prevents any citizen from building People’s Democracy in the State of Israel.
(2) All Citizens have the right to submit petitions for redress of grievances to the Knesset, and all citizens have the right to seek justice from the state
Article 4. (1) The enforcement of the rights in this constitution is the duty of the Knesset, elected by the people, controlled by the people, and composed of the people of the Democratic People’s Republic of Israel.
(2)All Citizens over the age of 18 have the right to vote in any national election in the Democratic People’s Republic of Israel. The vote is secret, universal, and direct.
(3)The right of citizens to form political parties, trade unions, women’s groups, Kibbutzim, and the other parts of community political life is fundamental and absolute.
Article 5.
The Knesset is the organ of the people’s will in Israel, the supreme national assembly composed of 120 members, elected to a term of 4 years each.
Article 6.
(1) The President of the Democratic People’s Republic is the head of state.
Article 7.
(1) The Rights of Women are absolute, and Men and Women are equal before the law
(2) The Knesset must take every action to defend the rights of Women, and no measure may be taken by any element of government which infringes upon their fundamental equality.
Article 8.
(1) Freedom of speech within the People’s Democratic Republic of Israel is absolute. Freedom of the press will not be infringed, nor will freedom of thought or belief.
(2) No citizen of Israel may be extradited, nor turned over to any foreign power for any reason
Article 9.
(1) The judicial power is exercised by independent courts. (2) The judges are both judges by profession and lay judges; they are both equal in any decision. (3) The judges discharge their office independently, being bound solely by the Legal Order of the People's democracy
Article 10.
(1)The economic life of the state of Israel is the purview and the responsibility of the state, with power vested in it by the people. It is the duty of the government to direct and plan the economy towards the maximum benefit of the Jewish People and all others residing in Israel.
(2) The Kibbutzim and cooperatives are the lifeblood of the Zionist experiment in Israel; safeguarding their existence and expansion is the solemn duty of all citizens, and the government which represents those citizens.
(3) Small and medium enterprises, where they do not conflict with the needs of the people, are to be protected.
President Chaim Weizmann has decreed that July 4th will be a new national holiday in Israel, Constitution Day, celebrating the achievement of the first Knesset and the creation of the first truly Jewish Constitution.