Since its establishment in 1948, the prevailing Israeli master-narrative was that Israel does not have a Corintitution. This narrative produced a dominant paradigm, which had crucial influence on the interpretation given to the country's "founding documents." The lack of constitution narrative has gained, by means of diffusing impact, a strong hold in the Israeli political and legal discourse.
 

This master-narrative has been under a process of change during the last decade.  The Israeli Basic Laws, which the Knesset (the Israeli House of Representatives) started enacting in 1958  were considered for many years as regular statutes Now, the Basic Laws, and especially the Basic Laws on civil liberties, that were enacted in the beginning of the nineties, are interpreted and applied by the courts as chapters of a constitution, and are used as a base for  judicial review, Many, and among them the lsraeli Chief Justice, go further and say that Israel does have a formal constitution, and that constitution is the Basic. Laws.

The uniqueness of this current "constitutional revolution" is that it isn't rhetorically connected to a contemporary revolutionary event. Rather, it is based upon re-reading of old documents, that were created during the revolutionary event that took place more then fifty years ago - the establishment the State of  Israel. Those opposing the "constitutional revolution" perceive it as endowing Israel with a Constitution by means of court judgment. The claim is that the Supreme Court has invented a fictitious revolution, in order to gain more influence and build legitimization for its judicial review power. In order to do this, the court has clang aritificially and cynically to incidental acts, that were not meant by their creators to be used in this way.

In this presentation we will argue that the Israeli original constitutional revolution took place not recently but 52 years ago, when the state of Israel was established. The initiators of that revolution were not.judges nor jurists, but rather the Founders of the new State. The perception of the constitution as present in Israel from its first days is a true understanding of Israel's founding documents. This perception is consistent with both Israeli and international politics that can be traced in the relevant background.

Indeed, the constitutionil revolution that took place when Israel was established stayed latent for many years, and was awakened, even revived. only in recent years, during a transformation-process that was speeded by the enactment of the Basic La s on civil liberties. 'This is an extraordinary historical phenomenon: the mere existence or a constitution is based upon a change of understanding documents that were crcatcd many years ago. Nevertheless, it is not a new constitutional rcvolution, but rathcr an acknowledgment of the revolution that took placc 52 years ago.