Ariel Center for
Policy Research

A JOURNAL OF POLITICS AND THE ARTS

 

NATIV   ■   Volume Thirteen   ■   Number 6 (77)  ■  November 2000   ■  Ariel Center for Policy Research

 

SYNOPSIS

 


The Constitution Seen from a Non-Legalistic Perspective

Yoash Tsiddon-Chatto

Three major errors/misdeeds were committed by Ben-Gurion and the other founding fathers of the State of Israel, upon its emergence in 1948.

  1.  The adoption of the British inherited system of government whose legal framework is not a constitution, but judicial precedents, tradition and the acceptance of non-written norms. Israel’s immigrant population, arising from a multitude of mainly non-democratic countries and cultures is the antithesis of the stolid Briton who has been born into the system. It is like a right shoe on the left foot.
     

  2. The adoption of the "pure" proportional electoral system for parliamentary elections in a society torn by strong centrifugal forces, which created a situation not unlike that of the Third and Fourth ill-fated French Republics that collapsed for want of a cohesive government.
     

  3. The unwarranted abstention from drawing up a constitution, which is an illegal departure from the writ of Israel’s Declaration of Independence, that led to a steadily weakened political "establishment" and a steadily strengthened formation of, mainly but not only, ultra-religious "opposition" parties which, unconcerned with Zionist objectives, "rent" their Knesset votes to the highest establishment party bidder. Thus enriched, these parties usurp the power of the Zionist parties.

Following is the statement made by the Declaration of Independence, which has been sidetracked for ephemeral political expediency:

We hereby declare that as from the termination of the Mandate at midnight, this night of the 14th and 15th May, 1948, and until the setting up of the duly elected bodies of the State in accordance with a Constitution, to be drawn up by a Constituent Assembly not later than the first day of October 1948… (Emphasis by this writer.)

The result of the Constituent Assembly’s "hijacking" of the Parliament by declaring itself "The First Knesset" and foregoing the drawing up of the Constitution, was a steadily increasing malfunction of the Knesset, hence of government, as proven by the diagrams in this article.

The Law commonly known as the "Law for Direct Election of the Prime Minister" first proposed in the Knesset by this writer, is not the cause for the Knesset’s malfunction. It is, rather, the effect, since it was proposed a decade after the collapse of the "establishment" parties began in earnest.

The remedy: The formation of a "Government for Constitutional Unity" whose base should be both the establishment parties (Labor and Likud) allied with the Zionist parties.

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