A NATION SANS CONSTITUTION IS HEADED FOR A CONSTITUTIONAL CRISIS

A few days ago, two members of the Knesset (Israeli parliament) proposed a bill to illegalise religious proselytization. In reality, it was a bill with Christians in their crosshair. It makes it illegal for Christians to encourage Jews to follow their religion under pain of imprisonment. The law considers "books, other printed literature, online articles, podcasts, or other forms of media that explains the life and ministry of Jesus and his message found in the New Testament" to be illegal.

For some reason, our state media did not carry the news. Is this not news worthy or is nanny state policy suppressing what government thinks is something that may upset the religious sentiments of the locals. If it is the latter, one wonders who decides and what goes into making the judgement call. This seems to be of some concern because it translates to a failure of state media to keep the public informed of very serious political developments in the hottest spot on the face of the Earth. 

On itself, the proposed bill is an imposition on religious freedom. In the current political context, it is a consequential development of a path towards a constitutional crisis for the country. Israel does not have the political spectrum of progressive Left and nationalist Right as the US. For 75 years since the founding of the state, it has majority of politicians who are centre Left and centre Right. Whatever the coalition parties of the government of the day, they have always managed to find middle ground. But not anymore.

The current 37th government of Israel is headed by PM Benjamin Netanyahu, better know as Bibi. To regain power by his Likud Party, Bibi had to clobber a coalition which included two radicals, Bezalel Smotrich’s Religious Zionism Party and Itamar Ben Gvir’s Jewish Power Party. It was a marriage between the Right and Extreme Right. Under this coalition, the rights of Arab Israelis and the Palestinian question, go to the back burner and the state will turn more Jewish. To get the coalition he want, Bibi had to negotiate away the store to his partners, retaining only Foreign policies and Defence under Likud. It appears Bibi's strategy was to carry a soft stick to form his government, but to act tough after that. 

Bibi was viewed as politically weak. Very quickly his weakness was put to the test. Some extremist right families of rabbis set up an outpost on a hill at Or Chaim. The Defence Minister ordered it dismantled, but Smotrich countered the order, confusing the police command. Bibi went tough and ruled structures that have no formal approval are illegal and should be taken down.

Unlike all other democratic countries, the state of Israel has no written constitution. The Knesset comprises of elected representatives who legislate the laws of the land. The Supreme Court oversees the judiciary. The justices of the Supreme Court are appointed by a 9-member Judicial Selection Commission. These 9 members are 3 from the executive (Minister of Justice, a cabinet member, and an MP), an opposition MP, Chief justice, 2 other justices from Supreme Court, and 2 members of the Bar. A selection can pass only with a 7 majority. In other words, the government has no control over the appointment of SC justices. 

In Israel, the Supreme Court balances the power of the government, and the Executive keeps in check the SC, by the power to legislate over objections. There is no written constitution to set the absolutes. This lays the ground for a constitutional crisis as each can over-ride the other. With Israeli ability to find middle ground, this has not been a problem for the past 75 years. Now, with the rabbinical extreme Right gaining political strength, comes impetus for various policy changes which pushes the envelope for more 'Jewishness'. The Bibi government's proposed judicial reforms will give the executive the power to appoint Supreme Court judges and constrain the court’s powers to rule against the government.  

The Jewish population is split demographically into the orthodox God-fearing group, and Liberal minded who may or may not profess any religious leanings. Economic and defence responsibilities fall on the shoulders of the Liberals who have for 75 years co-existed with the orthodox Jews by simply letting them be in their traditionalist ways. The proposed judicial reforms have drawn out protests on the streets. Now protests are nothing new in Israel and tolerated as a democratic country. But this time, something has changed. The Israel civilian army has been a stalwart of stability in the country as they have always remained apolitical. This time, they too have joined in the protests. For some, their protests have taken the form of not reporting for their routine training. For example, reservists pilots have been absent from their regular once a week training sessions. A new threat to Israeli security now looms.     

The power tussle between the extreme Right and Liberal elements leads to serious confusion in the government. Which side should the military and the police follow. This is an existential threat given the geopolitics of the region, in particular the rising threat of the new Saudi-Iranian axis and the weakening of the Abraham Accord. Hamas and Hezbollah in the north, as well as Iran, are testing the new weakness in the Jewish state.

Bibi himself seems to be the cog in the wheel, preventing what appears to be a national problem that could be easily resolved. There are several opposition liberal parties that could join the coalition and replace the extreme Right parties. These parties however, refuse to join with Likud to form the government as long as Bibi is there. Within Likud itself, personality politics is keeping Bibi in power. 

As to the proposed anti-Christian bill before the Knesset, Bibi has once again shown strength by rejecting it on Mar 19. The expectation for jetting the bill was high as its passage would alienate Israel from the powerful Jewish lobby in the US and 2.4 billion Christians from around the world. The judiciary reforms will be an entirely different matter as Bibi self-preservation is on the line with 4 corruption charges pending. The country looks set for a constitutional crisis.

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