Israel’s Nation-State Basic Law is Not Based on Religion

There are a few democratic countries that do not have formalized constitutions such as the United Kingdom, New Zealand and the State of Israel. These governments occasionally issue broad laws to outline the basic principles of government. Israel did just that in July 2018.

Israel’s 2018 Basic Law of the Nation-State of the Jewish People was interesting for what it omitted as much as for what it included.

The focus of the law was about the connection between the nation, the land and the people. Specifically, the law outlined the connection between the modern state of Israel, the Jewish people and the Jewish Holy Land.

But the law clearly omitted the religion of the Jews, Judaism.

The law had no preamble about the God of Judaism’s forefathers of Abraham, Isaac and Jacob, the way that Ireland begins its constitution about Jesus and the Trinity.

The law did not declare Judaism as the State of Israel’s official religion, nor did it declare that there was an official “church” or head rabbi in the country. Such laws are found in several democracies such as for Roman Catholicism in Costa Rica and for the Eastern Orthodox Church in Greece.

Israel’s Basic Law did not declare that the leader of the country needed to belong to the official government church. Such a law can be found in Denmark’s constitution regarding the Evangelical Lutheran Church.

The law did not mandate that Judaism must be taught in school, a law that is found about Catholicism in Malta.

The law did not even state that Israel’s laws are based on Jewish values and inspired by the Jewish prophets as was stated in the country’s Declaration of Independence. Such a statement about Christianity features prominently in the constitution of Norway. Panama’a constitution mentions “Christian morality,” while Peru’s constitution calls out the “Catholic Church as an important element in the historical, cultural, and moral formation” of the country.

As a matter of fact, the Basic Law seemed to go to pains to not even refer to religion.

The law refrained from using the words “God,” “Judaism,” “Holy Land,” “sacred,” or “religion” anywhere in the text. While the law declared the “Hatikvah” as the national anthem, that anthem similarly avoids using any religious language. That’s in sharp contrast to 34 democracies that use “God” or “Lord” in their anthems including Canada, Italy and Switzerland, and others that specifically refer to Christianity such as in the Netherlands and Romania .

The 2018 Basic Law simply detailed that the Jewish people were connected to the land of Israel because of history. Yet in doing so, the law opted to not also underscore the deep religious and unique connection that Jews have for all of the land of Israel, and particularly for Judaism’s holiest city of Jerusalem.

Seal of King Hezekiah found at the southern Temple Mount in Jerusalem
who reigned c.715 – 686 BCE

The emphasis of Israel’s 2018 Basic Law related to the essence of Jews are a people, not adherents to a religion. International law in 1920 recognized “the historical connexion of the Jewish people with Palestine and to the grounds for reconstituting their national home in that country.” In 2018, Israel took that same step of laying out the long and deep connection between the Jewish people to the land of Israel, realized in the modern state of Israel.

Tel Dan Stele from c.840 BCE found in southern Syria referring to the “House of David”

Jews are the modern Israelites that had kingdoms in Canaan, Israel and Judah. Israel’s 2018 Basic Law affirmed that historical connection between the people and the land, and laid out the initial markings which characterize the reincarnation of the indigenous people in the modern State of Israel.

It is remarkable that Israel chose not to define itself by religion when so many democracies do so.

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