Israel Should Have A Constitutional Referendum

Israel Should Have A Constitutional Referendum

The Issue

Israel, like all democratic governments, requires a Constitution that establishes checks and balances between government branches to ensure that certain individual liberties and governmental processes are protected, thereby preventing a tyranny of the majority.  Israel's Basic Law was intended as a stop-gap measure until a Constitution could be installed, but it may be imperfect, and there is now a political crisis regarding the current slim political majority's efforts to alter the Israeli Supreme Court and its ability to apply the Basic Law.  This crisis demonstrates the critical immediate need for a public referendum to select a Constitution that will work for the balanced long-term interests of all Israelis. 

There are many existing and model examples of Constitutions.  But all Constitutions contain the three following elements:  1. Guarantee of certain inalienable citizen rights;  2. Checks and balances between government branches, so that the Executive, Legislative, and Judicial branches each have delineated and ultimately limited powers over the other two branches;  3. Clearly delineated governmental processes.  I suggest that Israel immediately establish a citizen workgroup to draft three possible Constitutions containing these features, and other features, with variations to reflect possible desirable alternatives.

The workgroup must complete its work within one year.  The three variations will then be promptly presented in full and in summary to the Israeli people for a popular referendum.  The vote will enable Israelis to rank their preferences, and the lowest two ranked-choice votes will be set aside and the winning Constitution immediately installed as Israel's Constitution.

 

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The Issue

Israel, like all democratic governments, requires a Constitution that establishes checks and balances between government branches to ensure that certain individual liberties and governmental processes are protected, thereby preventing a tyranny of the majority.  Israel's Basic Law was intended as a stop-gap measure until a Constitution could be installed, but it may be imperfect, and there is now a political crisis regarding the current slim political majority's efforts to alter the Israeli Supreme Court and its ability to apply the Basic Law.  This crisis demonstrates the critical immediate need for a public referendum to select a Constitution that will work for the balanced long-term interests of all Israelis. 

There are many existing and model examples of Constitutions.  But all Constitutions contain the three following elements:  1. Guarantee of certain inalienable citizen rights;  2. Checks and balances between government branches, so that the Executive, Legislative, and Judicial branches each have delineated and ultimately limited powers over the other two branches;  3. Clearly delineated governmental processes.  I suggest that Israel immediately establish a citizen workgroup to draft three possible Constitutions containing these features, and other features, with variations to reflect possible desirable alternatives.

The workgroup must complete its work within one year.  The three variations will then be promptly presented in full and in summary to the Israeli people for a popular referendum.  The vote will enable Israelis to rank their preferences, and the lowest two ranked-choice votes will be set aside and the winning Constitution immediately installed as Israel's Constitution.

 

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Petition created on February 21, 2023