A constitution is born
The draft of the preamble to Israel's constitution appears here in print, for the first time.
By Shahar IlanFrantic MKs who read Haaretz last Monday called the chairman of the Knesset's Constitution, Law and Justice Committee, Menachem Ben-Sasson, to find out if he really intends to hold 10 hours of weekly discussion on the constitution. So here's a clarification: It won't be 10 hours. It'll be 12 hours.
Ben-Sasson is hoping to hold these discussions with at least 10 MKs. To ensure that they do not get bored, the hearings on the constitution will be divided into three units of four hours per week: basic rights, Basic Laws, and amending existing Basic Laws.
Another advantage of this method: Even if the committee does not manage to present the state with a constitution in time for its 60th anniversary, as Prime Minister Ehud Olmert promised in his speech at the opening of the Knesset's winter session, it at least will be able to vote on a piece of the constitution. That, too, is a fairly festive occasion. Olmert now has two tracks to help him go down in history, the political track and the constitutional track; it is unclear which is more precipitous.
b The name of the state: the State of Israel.
The character of the state:
b The State of Israel is a Jewish and democratic state
b The State of Israel respects the human rights of all its residents
b The State of Israel shall enable all its residents to preserve their identity, language, religion and heritage in accordance with their ideology and pursuant to the laws of the state
(From the draft of the preamble to the constitution)
Since it began its term, the Knesset Constitution, Law and Justice Committee almost has completed a draft of the preamble to the constitution. The completed parts are appearing here in print for the first time. The committee worked mostly with three versions: the constitution proposed by the Israel Democracy Institute; the right-wing proposal submitted by the Institute for Zionist Strategy and the drafts by the Movement for Progressive Judaism's Israel Religious Action Center. The committee also invites citizens and organizations to submit suggestions.
Ben-Sasson knew that if he held votes on every section, the process would blow up in his face, right at the beginning. Therefore, instead of holding votes, he only checked positions. A section that had the support of an overwhelming majority was included in the draft. When two positions received significant support, Ben-Sasson included both. He plans to hold the votes in another few months, after the section on "basic rights" is completed.
Is there anything to argue over in the very trivial matters that appear under "the character of the state"? Apparently there is. Last Thursday, Israel Harel attacked Ben-Sasson for using the term "the Jewish state" instead of "the Jewish national state." Right-wing members of the Knesset Constitution, Law and Justice Committee also want separate clauses for the state of the Jewish people and a democratic state. The Jewish state, of course, will come first.
b The flag of the state is white with blue stripes near the edges and a blue Star of David in the middle
b The symbol of the state is a seven-branched menorah with olive branches to the sides and the word "Israel" beneath it
b The national anthem is "Hatikva"
The demonstrative absence of Arab MKs from the committee's hearings has prevented serious discussion of questions such as adding an anthem, or another stanza to "Hatikva," that would enable Arabs to identify with it. But Ben-Sasson intends to submit a proposal to change the symbol of the state so that the word Israel appears below the menorah, in both Hebrew and Arabic. In terms of language, the committee has set a hierarchy:
b Hebrew is the official language of the state. Arabic is an official language, as will be determined by law
Some on the right feel the words "official language" are too strong, and suggest stating instead, "The Arabic language will have a special status in Israel."
Israeli citizenship is granted to the following:
b Anyone born in Israel whose mother or father is an Israeli citizen and resident
b Anyone born outside of Israel whose mother of father is an Israeli citizen (alternate proposal: and resident) provided that the parent's citizenship was not obtained by virtue of this clause
b A Jew who immigrated to Israel by virtue of the Law of Return shall be eligible for Israeli citizenship in accordance with the terms and timetable determined by law
b Regulations on awarding of citizenship for other reasons and on waiving or revoking citizenship shall be determined by law
Attention should be paid to the fact that citizenship is not automatically granted to every immigrant, but "in accordance with the terms and timetable determined by law," such as after several years in Israel and passing a Hebrew test.
b The State of Israel shall encourage the ingathering of the exiles and Jewish settlement in the land
b Every Jew is entitled to immigrate to Israel (proposal for limiting this section: "provided that he declare allegiance")
b An immigrant is eligible to become a citizen in Israel by virtue of the Law of Return in accordance with the terms and timetable to be determined.
Former Supreme Court President Aharon Barak has said on more than one occasion that the Law of Return should be part of the constitution. But the prevailing trend in the committee is for the constitutional section on this to be very general, in order to leave out the question of "who is a Jew." The objective is to simultaneously present the Knesset with a new Law of Return, that omits the grandfather clause (allowing non-Jewish grandchildren of Jews to immigrate to Israel) but includes a clause enabling anyone who is a member of a Jewish community to immigrate, even if he is not halakhically Jewish.
b Shabbat and Jewish holidays are the days of rest in the State of Israel. Non-Jews retain the right to days of rest on Shabbat and their own holidays
Olmert left no room for misunderstanding, and made it clear that this is "an agreed-upon proposal for a constitution, and I stress agreed-upon." Because the Arab factions boycotted the discussions on the constitution (only MK Talab al-Sana of Ra'am-United Arab List participated in two sessions), one may conclude that this refers to proposals with Jewish content; MK Ahmad Tibi (Ra'am-UAL) interprets the clause "the State of Israel is a Jewish and democratic state" as "democratic to the Jews and Jewish to the Arabs. Why are the Arabs not defined as a national minority?" He concludes: "The constitution will not be by consensus, and we won't be at this celebration."
And here the question arises: Would defining the Arabs in the constitution as a national minority and defining national rights in areas such as culture and education bring the Arabs, or at least some of them, back to the celebration?
The director general of the Constitution by Consensus Association (an organization established by the Israel Democracy Institute), Amir Abramowitz, argues that on this subject, there is a large gap between Arab politicians and their constituents. A poll the organization conducted six months ago found that some 70 percent of the Arab public would agree to accept a constitution that would define Israel as a Jewish and democratic state and would treat all its citizens equally.
The real obstacle that has impeded a constitution for 60 years is not the Arabs, but the disagreements between the secular and the religious. If a decade ago it was clear that a constitution would mean a separation of religion and state, says Abramowitz, now the discourse is on a constitution the religious can live with. And why should the religious agree? In order to change the status quo, where the Supreme Court determines its own jurisdictions, by determining the Knesset's and the court's jurisdictions in advance.
"I'm in favor of setting down the rules of the game, but it should be clear that the game is played out in the Knesset," says MK Moshe Gafni of Degel Hatorah. "Even if it is by consensus, I'm a partner and there are chances," he says. What is necessary for a consensus? A detailed constitution that protects religious legislation, especially from the principle of equality. And the religion stipulates, for example, that women cannot serve as religious court judges and certain people cannot marry.
Ben-Sasson will propose to the religious the solution suggested by the Israel Democracy Institute: that certain religious laws be protected from High Court of Justice intervention. Regarding some issues of religion and state as well, it may be stipulated that the Knesset can override High Court decisions with a relatively small majority, 61 votes.
If the religious get so much, why should the secular left agree? One reason, says Abramowitz, is that it will stop the attack on the Supreme Court and halt the deterioration of its standing. Another reason is that the constitution would include "a full declaration of rights, including equality and a ban on religious discrimination, and freedom of expression and movement." Another possible reason is that at a time when there is so much talk about democracy being in danger, it is hard to imagine a better cure than a constitution.
Why Facebook Connect?
Comment on Haaretz.com articles with your Facebook login, and share your thoughts on your own wall.
- Latest
- Most Viewed
- Most Rated
- Open all
Why should Nazis define who is a Jew? If Hitler had said anyone with 1 jewish great-great grandparent was Jewish, would they need to be included under the law of the return forever? Right now it basically means folks who arent Jewish at all, not Ortho or Masorti or Reform or Reconstructionist or whatever, who live in the FSU and want a better job, go to Israel where their kids become antisemites. Makes no sense to me. By saying you have to be part of a Jewish community it would not only include all born Jews, but would also include patrilineal Jews and converts who are part of Jewish communities. Only issue would be getting the Knesset to agree on whats a "Jewish Community".
There's a lot of misinformation about what MJ's believe. I know what Protestants believe and practice and as a MJ I can tell you without a shadow of a doubt that is definitely not the same religion. Christianity has its ways, its lifestyle, theology, etc. MJ disagrees with most of it. The fact that we believe in the same Messiah (although Christians changed the image of Yeshua to make it more goyish) doesn't necessarily mean that we're Christians. IMHO G-d forbid! And about j4j the two major MJ organizations in the world agree that they're not part of us. I can't stand them anyway.
A true Christian loves Israel and the Jewish people. The comment that Christians are vicious and virulently anti-semitic is completely untrue. I am a Christian and I have been to Israel and I will continue to support Israel and the Jewish people with all my heart. I have made some wonderful friends in Israel and I know that God loves them and He has a plan that WILL be for Israel's good. I do not believe that a TRUE Christian has hatred for Jews- all of the killings that so called Christians have done in the past to Jews- there is NO WAY they were truly Christian. In name only- maybe but God gives us a love for Israel and Jews and He says in the Bible that we are grafted in to her and his people- adopted. Blessings to you.
Messianics are Xtians, simple as that. This shouldn't affect them at all. Who this does affect is the Diaspora and the Anouism, and for that I say THANK YOU. Don't tell me a secularist living in Israel has more rights than an Orthodox anti-zionist or a Conservative in America. Anouism can't even convert because the converssion and return issue is totally controlled by Orthodox! The grandfather clause was written with survivors in mind, forgetting about us Sephardic Anouism. It's time the law reflects the needs of ALL the jewish people. For that, I say agan, thank you!!
oi vei, messianics making Aliah? make me laugh... I hope that israel develop more severe laws against those who try to convert jews to christianism through this nefast manner. Messianics making aliah is out of debate. Aliah is for jews, and messianic, j for jesus, etc, are absolutely not jews.
with a list of offenses that also include behavior subversive to the greater good of the country. Since they apparently love oppression and anti-culture SO much they feel they must share it, they should be quite happy with once again being bunk-buddies with Putin.
Abandon the Diaspora and the Diaspora will be pushed away, leaving Israel just one more country in an overcrowded world, distinguished only by its Jewish majority. Hang together or hang alone. Those who forget their history are bound to repeat it. Hands off the Law.
What kind of concession to Orthodoxy is the redefinition of the Law as not referring to the Holocaust definition of ?a single grandparent?? All ?every Jew? in this case means is that confronting an emergency, say the US elects a Hitler look-alike and uses the German definition of a Jew, bowing to the Orthodox definition of a Jew millions could themselves face death! The Law of Return and the Grandchild Clause are the heart of Israel, its commitment to our people in Diaspora, its reason for having been created. To concede the Law to just to pander to Orthodoxy is to abandon the reason for a state of the Jews. There must be room in the Jewish state for all. Orthodoxy does have an important role in defining the identity of the State. But Zionism alone must define Who is a Jew, not a single sect, regardless of its degree of adherence to Halacha. And Zionism is our national response to the dangers of Diaspora. This value motivated and birthed the Jewish State, haven for Jews.
DONT CHANGE THE NATIONAL SYMBOL OR HATIKVA TO TRY CREATE SOMETHING ARABS TO IDENTIFY WITH. The very idea of a jewish state is something the arabs cant idientify with. Why does arabic have to be one of the official languages simply say for the purposes of a consitution that hebrew is the only national language but in the real world you put arabic on the signs for purposes of practicality as is allready done no need to make that constiutional requirement its rediculous. If your going to be putting arabic on the national symbol why not also put it in english, russian alot of people speak those languages so why not put it on there saying arabic is an official language is saying we are officialy part arab state. The constiution though should say hebrew is the only official language of the state. If there is going to be a consitution then dont make a mess of it with political correctness or else we will be constantly amending it to be politicly correct for the next large minority group
If things are going like this our worst enemy is our legislation. Israel is surviving because is "OUR LAND" and I have always the right to return cancel this will means Kill the essence and the Soul of the State of Israel. If you have problem with fake person just double check them.If you want to be an Israeli citizen and you are not Zionist or Jews 1005 you are crazy.
The definition of "Who is a Jew" and its legal action is the worst mistake of the Israeli Goverment. Halacha or Reigous law and its concepts are the critirea of religous law ,sustained with details for two thousand years ,and accuratly described in the Bible. Goverments must depend totally on the medical field to license a doctor or judge his qualification. Israeli Politicians and Goverment officials have no right to dictate Religion or belief.It is time to correct this mistake for the future ,as well as the past. The jewish agency encouarged Russian immigrants arriving in Austria, in Bombay and even from Cuba among others to lie about their religion.This is documented.Mr. Yehuda Wiessburgers' evidence was established in Knesset Hearings,without question in 1981 Only politics stopped the continuation of change.!!! Why should a real jewish girl in Tel-aviv be allowed to be fooled into marraige by a false documented gentile.
After reading the particulars of the proposal it seems that it is too detailed. A constitution should address core principles. For example, including the particulars of the flag or the national anthem is superfluous because it leaves no room for change unless one wants to start amending the constitution. Similarly the language issue should be left alone. One must keep in mind the demographic picture in one or 2 generations. Likewise, the issue of 'who is a Jew' will never be resolved because it really is not clear who is and who is not, as the criteria vary. The delving into Jewish parenthood and grandparenthood smacks of the Nurenberg Laws!.'Jewish and democratic' is a non starter. There is no question that in a generation or two the Israel of today will be different. A proposed constitution should take it into consideration.
"And here the question arises: Would defining the Arabs in the constitution as a national minority and defining national rights in areas such as culture and education bring the Arabs, or at least some of them, back to the celebration?" In short, no. Why bother weakening the constitution for the sake of people who ultimately wouldn't mind if it ceased to exist? The people who have already made up their mind to be anti-Israel will be so no matter what you put in the constitution, and the people who are supportive of Israel will understand its right to exist as a Jewish state. Nothing is gained by appeasing the extremists.
are not arabs that's the paradox of israel. many of the palestinian arabs are descendants of the biblical jews as proved by the genetical research done by tel aviv and hebrew university schools of medicine ,whereas large parts of european jewry and certainly all the yemenite and ethiopian jews are only recently affiliated to judaism, recent in historical terms.
Had you b elieved as did the earliest Crhistians simply that Jesus was the Messiah--that would not be so roblematic. But instead you have adopted the doctrines of Christianity--which became a separate religon early in its history--an admixture of Jewish, Roman, Greek beliefs, and annexed into Christianity by by various councils of the early and late church--including virgin birth, the trinity, the Chnristian idea of heaven and hell (as oposed to the Jewish idea of hell which is more like purgatory)--in short, you have adopted a relilgion that Judaism "wrote off" long ago--That being the couse, however, if you are Jewish by Jewish law you are still Jewish--as the Talmud says, he is Jewish , even though he has sinned. That does not give you special rights to missionie for Chirstianity. Your religon is Protestanism with a tinge of Karasim (you seem to avoid adopted the Oral Law but cling to the "Tanach")
Wow. The USA's has a long list of true pioneers and philosophical thinkers behind their constitution. A beautiful document. This political document seems pale in comparison such that the word "constitution" seems far too large. Why don't we have an SMS vote for certain sections? A type of "A star is born" in constitutions?.... :(
Anyone who would support allowing messianics to make aliyah obviously doesnt live in the United States. When you have to live in a world where these people are not only the majority, but like pitbulls when it comes to the conversion of the Jew, then I'll lend a little more credence to your opinion. These people are vicious and virulently anti-semitic. If you invite Christians into Israel like that you may find yourself in the middle of a second Shoa
The problem with Messianic Judiasm is that anyone who can back it up with a geneology report, ie DNA test can show a possibility that their ancestors were ancient Israelites. About 90% of Jewish men share the same Y Chromosome that helps prove that genetically. So that said, perhaps some Muslims can be defined as Jews. Christians can be defined as Jews, if you look at it at a national level. At a religous level however, its clear that there is a reason why Messianic Judaism is not included in the basic three sects of reform, conservative, and Orthodox. We know that by changing or adding laws to the Torah, Jesus was in conflict with the prophecy itself. Does that mean he was everything the Christians and Messianic Jews say he was, no. But Jews traditionally don't see him in that context. So in that respect, a messianic Jew on a religious level is closer to a Christian, who like I pointed out could very well be a Jew on a national and genetic level anyway.
Pilate wrote above Y'shua's cross, Jesus Christ King of the Jews. Paul (formerly Saul was born in Tarsus (SE Turkey). Jewish population there was 20% at the time. He went to Gamliel's Yeshiva in Jerusalem ("foreign student"). He wanted to kill the Christians in Damascus (a "baby movement"). He was "zapped" on the way - couldn't see for a while. In his defense in the book of Corinthians he talks about how Hebrew he was. He preached in SYNAGOGUES. This is how Christianity got started - by jealous JEWS! Circumcision was an issue. All 12 disciples were Jews. Jews can be Buddhist, Bahai, Falun .., atheist, Mormon - always JEWS!
they are christians and not jews. period. ofcourse its preferrable to have christians here rather than muslims. But the point is that its too much of minority to matter. sorry.
The erroneous idea that a Jewish person embracing Y'shua ("Jesus") as messiah (Isaiah 53:6) is no longer Jewish is a hot potato which has to be addressed. All over the world are those messianics who wish to make aliyah. Would the country take the risk to let in these people who have the potential to better the country in thousands of ways? Letting in the "missionary types" among them is far less threatening than allowing thousands of Muslims "freedom" since they hate the State of Israel & all it stands for.