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June 14, 2013

Livni Wants Israel To Adopt A Constitution, Despite Haredi, Arab Opposition

Tzipi Livni"…My desire was to draft a constitution with wide agreement, but I do not think that is possible now. The constitution is supposed to protect the rights of the minorities, but ironically it is precisely the minorities -- the haredim (ultra-Orthodox) and Arabs -- who oppose it, and that is a mistake. I say, move the constitution forward even without consensus.…"

Tzipi Livni
Justice Minister Tzipi Livni

Israel HaYom reports:

…Speaking at a meeting of the Knesset Constitution, Law and Justice Committee on Wednesday, [Justice Minister Tzipi] Livni…said that "we cannot all agree on a constitution, but even if we do not reach an agreement, it is time to legislate a constitution."

"My desire was to draft a constitution with wide agreement, but I do not think that is possible now. The constitution is supposed to protect the rights of the minorities, but ironically it is precisely the minorities -- the haredim (ultra-Orthodox) and Arabs -- who oppose it, and that is a mistake. I say, move the constitution forward even without consensus."

"In the past, I was busy trying to strike agreements. Now I am focused on making decisions," she added.

"Even if I disagree at times with this or that ruling, I will still work to defend people's rights. I do not accept the notion that Israel is first and foremost a Jewish state, and only then a democratic regime."

Livni also said that she believed that the Law of Return, which ensures every Jew's right to Israeli citizenship, should be the first clause in the future constitution.…

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The USA tried the Articles of Confederation, but they didn't work. Canada fairly recently adopted a constitution, and some in the UK feel that civil liberties (such as freedom of the press- a frequent victim of draconian libel laws) would be better protected in the UK had one. Bring it on!

The US constitution was the product of negotiations to maintain union between different states with different laws, cultures and priorities. Chesapeake citizens were worried about New England church rule. People were concerned that the new federal government might use their power to disarm the people of a state and invade it. People were concerned that the government would exert undo power to station government agents in their homes, search and size their belongings and so forth. The constitution represents what restraints the federal government has in exerting authority over each disparate community, represented by its state government.

It does not apply to Israel, unless the "minorities", as was case with the less powerful states in the US, want it. If they do not, forcing it upon them works directly against what the constitution is for, at least here in the US. The US government today would do well to realize that as well. The constitution is a people's protection against the government, not a tool for government to exert power over people against their will.

It's a waste of time. You're never going to get all of these disparate groups to agree on a constitution. Secular liberals, militant settlers, arabs, Yeshivish charedim, Satmar chassidim, Chabad, all other hassidim all have totally different visions for what the country is about. How would they agree on a basic framework?

Shmarya,

How did you get Koren publishing to advertise on this website?

Yoni
That is the least of its worries. Chabad will be satisfied with lip service to Moshiach. The anti-Zionist Haredim will not accept it in any case, as it recognizes secular social structures. A constitution is about unity and coming together. Haredism is about separating and division. They do not WANT to come together or make a deal, live and let live or compromise in any way. They pride themselves on being willing to die rather than play nicely with others, EVEN OTHERS WHO BELIEVE AS THEY DO. The key to them is "who tells whom what to do". If they are not the tell-er, they do not consider participating. They take their ball and go home.

Recall that the US arrived at its constitution even with Calvinists, Puritans, Masons, deists, liberals, conservatives, you name it. However, you had to be born in the US. People who were against the US existing had already fled or come to terms after the war. The constitution was not to protect them, and they are the true analogs to the Haredim in Israel.

South Africa managed to enact a modern and viable constitution. And on of its principle drafters in bringing together disparate groups that despised each was (Jewish) former ANC member Albie Sachs.
If SA could achieve a modern constitution, why not Israel?

Livni is right:
A constitution would solve a multitude of legal issues. It would serve the purpose of ensuring the country's survival when the Ultra Orthodox breed themselves into a majority.

Can one imagine what the knesset would be like with a majority of members from UTJ? Israel would descend into a theocracy. Little girls without proper sleeves would be shot in the streets. There would be no army. Within months, Israel would be overrun by its neighbors. In effect, without enshrining in law all that is required including the law of return and removing rabbinical oversight, Israel, sans constitution will likely not survive.

Trusting in a better fortune of time is not a capital matter but wisdom predicts the betterment of social activity by founded trusts in true liberty. A constitution is inevitable if the survival of trust in Higher Ways exists in Israel.

-Western Jew.

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