Q&A: The Paradox of Sovereignty
Originally published:
This is an English translation (via GPT-5.4). Read the original Hebrew version.
The Paradox of Sovereignty
Question
Can a sovereign enact a law that would limit its own ability to legislate in the future?
Answer
Simply put, no. This is the paradox that accompanies every Basic Law. A Basic Law limits future legislators, but they can repeal the Basic Law just like those who enacted it. In principle, it is unreasonable to give an earlier generation an advantage that restricts the next generation, except perhaps for minor limitations for the sake of legal order.
In constitutions there are eternal clauses, and even in those that do not have them, they require a special majority to make changes, which also conflicts with the sovereignty of future generations, since they cannot decide by a simple majority.
The justification is that this does not contradict the sovereignty of future generations, because in principle they can adopt a new constitution. As long as they do not want to do so—which is very, very difficult, and usually happens only בעקבות a crisis—this is the way things are conducted, as society determined to be best.