“Never let a good crisis go to waste.” (Winston Churchill) “Good” is hardly the appropriate word to describe the current state of chaos – the likes of which Israel has never known – but if we focus on Churchill’s call to action then the opportunities presented are clear.
The Netanyahu government’s dangerous and unprecedented legislative blitz will not only harm human rights but is pushing the country toward a tipping point from which there will be no turning back.
Democratic Israel, which was established on the basis of the Zionist vision, is in danger of collapse. The time is ripe to put a solution on the table – a way out that was there from the outset when Israel was established but which has been ignored.
Failure now to stop and take advantage of this crisis will mean that in the coming years, the third Jewish commonwealth will fall. Establishing a constitution will lay out the rules of the game and fix the broken ties between us and can help us avoid this fate.
Israel’s first prime minister, David Ben-Gurion, foresaw the problems that would arise in due course. The Declaration of Independence stated that a constitution would be determined by the people’s assembly within five months. In practice, this never happened. Seventy-five years later, there is no constitution.
Why then do we need a constitution?
Some would say that we have the Declaration of Independence and for 75 years we got along just fine without a constitution. Others claim that the Basic Laws and the rulings of former Supreme Court justice Aharon Barak are part of the constitution.
The answer lies in the chaotic situation the country has now reached. After 75 years, we discovered that Israel’s social contract lacks clear boundaries.
The simplest explanation is that a constitution will create order, define national frameworks and create checks and balances between the authorities. It will define the nature of the state, rights and obligations and each citizen’s ability to maintain their way of life.
A constitution would stabilize the system of government, boost equality and freedom of expression and act as an unsigned contract between the citizen and the state.
The Netanyahu government, which seeks to pass the first stage of a judicial reform, claims its reform will strengthen democracy, restore governance, restore trust in the judicial system and achieve a balance between the three branches of government.
IN PRACTICE, behind the big words, hides a forceful attempt to change the democratic regime in Israel. The reform is made up of a set of laws that would terminally violate the balance of power and give unreasonable influence to politicians who seek to escape the threat of justice and, alongside them, to the wheelers and dealers who head the ultra-Orthodox parties.
It is enough to look at the bill on the expansion of powers to the Rabbinical Courts, which was approved for a first reading by the Ministerial Committee on Legislation, to understand, in this context, that in the absence of a constitution, the road to a halachic state is growing ever shorter. Take, for example, the Torah study bill, which, according to the haredi parties who are pushing to get it passed, will solve the conscription issue.
Today there are 170,000 yeshiva students dedicated to full-time Torah study. According to the vision of MK Moshe Gafni, chairman of the United Torah Judaism parliamentary bloc, at least half of the population will not serve in the military. Add to this the fact that today over 50% of men in the ultra-Orthodox community are not in the labor market and you will end up with national bankruptcy.
Levin’s reform not only fails to provide solutions to issues that need to be corrected but also legitimizes the demographic problem that is to come. These struggles aren’t new. Take a trip back in time more than a century and you’ll find that the leaders of the Zionist movement fought hard against ultra-Orthodox Judaism.
Zionist founding father Theodor Herzl, in his book, The Jewish State, laid out his vision for the future state, including the structure of government and society, the economy, security and the relationship between religion and state. In his vision, while faith is a bond that unites the Jewish state’s residents, priests would remain confined in the “temples of God.” They would not be involved in the leadership of affairs of the state.
The contribution of Herzl’s vision to the reality of our state is indisputable, yet in today’s reality, ultra-Orthodox educational institutions budgeted by the state do not include studies of Herzl or the leaders of the Zionist movement. In an era in which history is rewritten and in which we forget where we came from and where we are going, we must correct this.
In the absence of a vision, the nation will come undone; the slippery slope that Israel is galloping down leads us to a dangerous place. The current government will, if it does not change course, alter the face of Israel.
There are no more checks and balances and the vision of the Zionist state will gradually recede. The severe crisis we have found ourselves in is an opportunity to stop and create order by demanding a constitution for Israel. If not, demography will win.
The writer is a publishing expert at The MirYam Institute. She served as an MK in the 24th Knesset, as well as the deputy head of the Kiryat Tivon Regional Council. She is a senior lecturer in academia and is a former journalist.