An Upper House Without A Referendum Is Close

 

Israel's Real Judicial Reform

• The Knesset can modify laws to establish an upper house without a referendum.
• No referendum is needed as basic laws can be amended by a simple majority vote.
• Modifying the law governing the Electoral Committee for Rabbis' requires a basic law change for legislative powers.

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Overview

Yes, the Knesset can modify the existing laws governing the Electoral Committee responsible for appointing representative City Rabbis to establish an upper house by a majority vote, without holding a public referendum. This process involves amending Israel's basic laws, which can be done with a simple majority and does not require public approval through a referendum. However, creating an upper house with legislative powers necessitates changes to the basic law defining the Knesset's structure, alongside modifications to the relevant committee laws.

Legal Process

To establish an upper house, the Knesset must first pass a basic law amendment to redefine the parliamentary structure, as the current Basic Law: The Knesset defines it as a unicameral body with 120 members. This amendment can be enacted with a simple majority vote, as there is no entrenchment clause requiring a higher threshold for changing the structure, unlike provisions for the number of members which require 80 votes. Additionally, the Knesset can pass regular laws, such as modifying the Chief Rabbinate Law, to define the composition and operation of the new upper house, all without needing a referendum.

Surprising Aspect: Flexibility in Law Changes

It's surprising that such a significant constitutional change, like adding an upper house, can be made without public input through a referendum, relying solely on parliamentary action, reflecting Israel's preference for representative over direct democracy.

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Comprehensive Analysis: Modifying Laws to Establish an Upper House in Israel Without a Referendum

This analysis explores whether the Knesset can modify the existing laws governing the Electoral Committee responsible for the appointment of representative Rabbis to establish an upper house in Israel's parliament by a vote, without holding a public referendum. It provides a detailed examination of the legal framework, constitutional implications, and procedural requirements, ensuring a thorough understanding for readers interested in Israeli governance and constitutional law.

Legal Framework and Current System

Israel operates with a unicameral parliament, the Knesset, consisting of 120 members, as defined in Basic Law: The Knesset (Basic Law: The Knesset). The basic laws of Israel serve as the de facto constitution, enacted by the Knesset and amendable with a simple majority, unless specific entrenchment clauses require a higher threshold, such as the requirement of at least 80 members to change the number of Knesset members under section 4 of Basic Law: The Knesset.

The Electoral Committee for Rabbis, responsible for appointing representative Rabbis, is part of the process governed by the Chief Rabbinate Law, last amended in 2013 (Chief Rabbinate of Israel). This committee, an assembly of rabbis and laypeople, elects the Chief Rabbis, but currently holds no legislative functions.

Establishing an Upper House: Legal Requirements

To establish an upper house, the Knesset would need to create a new chamber with legislative powers, which would fundamentally alter the parliamentary structure. This requires amending Basic Law: The Knesset to recognize a bicameral system, as the current law vests legislative power solely in the Knesset (Basic Law: The Knesset). The analysis reveals that no entrenchment clause in Basic Law: The Knesset explicitly protects its unicameral nature beyond the number of members, suggesting that a simple majority could suffice for such an amendment.

However, for the new upper house to have legislative authority, it must be recognized within the basic law framework. Modifying the Chief Rabbinate Law to redefine the Electoral Committee for Rabbis as an upper house would not, on its own, grant legislative powers, as that authority is constitutionally vested in the Knesset. Therefore, the process would involve:

1. Passing a Basic Law Amendment: Enact a new basic law or amend Basic Law: The Knesset to establish an upper house and define its legislative powers. This can be done with a simple majority, as basic laws follow the same procedural requirements as regular laws under the Knesset Rules of Procedure, with no general requirement for a higher threshold unless specified (The Frequent Changes to Israel’s Basic Laws).
2. Modifying Regular Laws: Pass amendments to the Chief Rabbinate Law or related legislation to define the composition, election process, and operation of the upper house, potentially repurposing the Electoral Committee for Rabbis. This is also achievable with a simple majority vote.

Referendum Requirement Analysis

Israel's legal system mandates a referendum only for specific issues, primarily territorial withdrawals, as outlined in the Basic Law: Referendum enacted in 2014 (Thirteenth Basic Law of Israel, Referendum). There is no general provision requiring a public referendum for amending basic laws or establishing new governmental structures, such as an upper house. Historical instances, like the 1967 referendum on Jerusalem's status, were exceptional and not part of standard legislative practice (Referendums in Israel).

Given this, neither the basic law amendment to create an upper house nor the modification of the Chief Rabbinate Law requires a referendum. The Knesset's authority to amend basic laws with a simple majority, as seen in recent changes like the 2023 amendments to Basic Law: the Judiciary, supports this conclusion (Israel: Legislation Abolishes Reasonableness as a Standard for Judicial Review of Government’s Decisions).

Potential Legal Challenges and Judicial Review

While legally feasible without a referendum, such a significant change could face scrutiny from the Supreme Court of Israel, which has the power of judicial review based on basic laws, particularly since the enactment of Basic Law: Human Dignity and Liberty in 1992 (Basic Laws of Israel). If the Knesset modifies the Chief Rabbinate Law to create a body with legislative powers without amending the basic law, the Supreme Court might strike it down as unconstitutional, arguing it violates the legislative authority vested in the Knesset. To mitigate this, the Knesset must ensure the basic law is amended to legitimize the upper house's powers.

Comparative Context and Implications

Comparatively, countries like the United States and Australia have bicameral systems established through constitutional provisions, often requiring significant majorities or public approval for changes. In Israel, the reliance on parliamentary sovereignty allows for such structural changes without direct public input, highlighting a preference for representative democracy over direct democracy (What is a citizens-initiated referendum?). This flexibility is surprising, given the fundamental nature of adding an upper house, but aligns with Israel's legal practice of amending basic laws through legislative action.

Conclusion

In conclusion, the Knesset can modify the existing laws governing the Electoral Committee for Rabbis to establish an upper house by a vote, without a referendum, provided the process includes amending Basic Law: The Knesset to define the new chamber's legislative powers. Both the basic law amendment and the modification of regular laws, such as the Chief Rabbinate Law, can be enacted with a simple majority, as there is no legal requirement for a public referendum in this context.

Be More Jewish - Rising From The Ashes!

PODCAST (10min) - Future Israel

For Israeli's, October 7 2023 changed everything! So shocking were the events of terror that the longest war in Israel's history has since ensued. Sentiments of shock, sadness and anger generated mixed emotional responses from a nation burying their dead and dealing with the day to day realities of war. Within a few weeks, citizens of Israel, secular, religious, left and right, concluded that the Two State Solution was dead. Such was their unusually unified resolve that by July 2024 the Knesset unanimously passed a resolution outright rejecting Palestinian statehood.

After 60 years of pro-Palestinian propaganda, that accentuated Israel's political divide over land, for the benefit of non-Israeli citizens and residents, October 7 birthed the unambiguous, uncompromising Sovereign Jewish State of Israel. In the absence of territorial controversies, with the exception of a few revival attempts led by former Prime Ministers Olmert and Barak, the overwhelming national 'dinner table' debate has swung toward the future of Israel's national identity. One day it may be argued that the debate about Judicial Reform, preceding October 7, was a precursor that ultimately led the nation to resolve its identity crisis. 

It is glaringly obvious that religious nationalists, serving in the army, have suffered more deaths and injuries in the war than any other representative group. That fact has not been lost on anyone. On the front lines, their commitment, dedication and self sacrifice is increasingly apparent and appreciated, yet their representation in the higher echelons of Israel's military machine are few.  But, the old guard will yield and religious nationalists will eventually obtain more control. 

The shift in the Defense Force rank and file reflects changes taking place at every level of society.  Participation rates among ultra orthodox Haredi communities will improve, but religious nationalists are fully engaged. In the past 7 years ultra secular communities have lost representative power to ultra religious nationalist groups. The last bastion of secular resistance may eventually come from the air force where members, especially elite pilots, are predominantly secular. 

For secular Israeli's uncertainty abounds, but the demographic sands are shifting fast and transition of authority is inevitable. So, what will a future Israel look like? In the absence of territorial concessions, to untrustworthy neighbors, all roads lead to Israel securing its ‘river to the sea’ land. As the idea of 'Palestine' fades, Arab documented aliens will demand they transition to Israeli residency and residents to citizenship. No doubt this will threaten Israel's present, comfortable Jewish dominance.

The multi decade process described above must first provide Jews secure, permanent sovereign power over their indigenous land of Israel. Only legislative restructure and constitution can guarantee the future Jewish State of Israel from dilution to Arabs presently living under the last vestiges of Palestinian Authority. Here we return to the dinner table debate to illustrate how this may work.

The religious who are naturally more comfortable with their Rabbinical authorities, are infiltrating the echelons of defense and government. To resolve the impasse of judicial reform, in the face of an intransigent Supreme Court, religious nationals are being pressured to reform government. Part of that reform exposes the differences between religious nationals and Haredim for control over Israel's religious courts and its brand of orthodoxy. This emphasizes The Religious Ministry where control over the presently mandated Electoral Committee for National Rabbinical representation in cities of Israel sits.

The Electoral Committee for Rabbis of Israel dates back to foundation and is the States only other mandated election beside municipalities and the Knesset. Rabbinical reform in Israel has also become a target of more liberal groups and those intent on Jewish law being interpreted to practically accommodate the needs of secular society. 

Rabbinical reform, targeted, by referendum, to modify the electoral legislative framework of Rabbi's, could conceivably catapult elected Rabbis into a newly established upper house of government. Such a case would immediately elevate the Rabbinical court of Israel. By this legislative reformation an upper house of elected Rabbi's would assume the present authority of the Prime Minister's cabinet to approve new laws drafted by the Knesset. 

Under this scenario the Rabbinical upper house would exclusively sign off on any draft law introduced by the elected members of the Knesset. This framework, alone would guarantee Israel's Jewish sovereignty. A Rabbinical upper house of the Knesset, that was sympathetic to the nations religious court, would mitigate the present judicial reform impasse at the Supreme Court. Finally such a representative body would establish the permanent state of Jewish Sovereignty, a final form of government in readiness for the anointment of a King and building of Israel's final, permanent temple in Jerusalem. May the pomp and ceremony begin, BezH" soon!

 

     

 

 

 

 

Who Wants To Speak Like Ben-Gvir?

Most will react, "not me", but why? Consider this:

The term "Big Bang" is insensitive to unimaginable quantum states that turned on spacetime, particles, elements, stars and galaxies, but mostly, because the universe has no center the term is also grossly inaccurate.

3 billion acids, attached to sugars, make up DNA of the human genome. A change to any can lead to the birth of a super talented individual, a genius, a leader who stands out from the crowd, or it may cause excessive anxiety, depression, suffering, disease and even death. Technologies manipulate DNA, test results and compute vast cellular networks that inform us about previously unknown sensitive, but transformative events. 

The Bible recalls that one frog emerged from the Nile and resulted in a plague of frogs that engulfed Ancient Egypt. We can only imagine this super-species was initiated through a small DNA alteration, in a progenitor, that rapidly accumulated and was programmed to annihilate shortly after its ascent onto land. 

Some plagues in Egypt were easily replicated by the necromancer opponents of Moses. Others distracted them, caused their concentration lapse and suddenly they were defeated. We disconnect from the sensitivities behind these events because our noisy world distracts us. 

Simchat Torah 5784 (7 October 2023) marked a distraction with disastrous affect for Israel. The Jewish people have always experienced periods of unification followed by utter distraction that plunged them into the abyss of suffering. On each occasion Israel has valiantly returned from its exiled state to a heightened awareness where people speak more kindly of each other. 

Indeed the Hebrew word for speak is also the plague of pestilence or דבר (DeVeR) the preceded hail or ברד (BaRaD) through a one letter switch that changed the outcome for millions. 

We hate our present state of exile, our suffering, but it reminds us to be aware, to speak more kindly of each other and to anticipate the delicate possibility of redemption. In suffering we suppress our base, emotional instincts to amplify our personal voices and attack others. In good times the status-quo is nice, life is generally good, that's when we can sink to defend our comfort.

We may not like what Ben-Gvir has to say, or how his offensive confronts us and our preference to deny uncomfortable, inconvenient truths about frenemies. Apparently, for some, he promotes suffering and how do we respond? We attack the disrupter of our comfortable beliefs, our status-quo! We protest, amplify our voices, disrupt others and become polarized. Then, redemption dissipates and distraction passes the baton to enemies who are patient, dedicated and poised to dispel their disaster upon us.

A laissez faire approach to Palestinian frenemies, by Israel's elected governments of the past 30 years, resulted in Hamas rising, arming, training and unfortunately exploiting the inconvenient truth. We must wise up, respect each other, focus on security and let Israel's politicians do our tough talking, but we must not let this moment pass, we must demand they do more.

For the honor of those who have fallen and those, 100 days later, who continue suffering the most, we should all endeavor to make Simchat Torah 5784 the beginning of our full and final redemption.

Deep Healing From A Security Disaster

Ehud Barak’s IDF ‘old guard’ assaulted and recruited left wing IDF commanders reducing their desire, will, aptitude and moral clarity to immediately respond to critical security signals. On that tragic Simchat Torah day the apathetic, tardy IDF response will, in retrospect, be judged heinous, bordering treason, for some senior officers.

Against the backdrop of judicial reform, Lapid’s social revolt breathed life into Barak’s cessation by coup d’etat that extrinsically graded less important regions, neighborhoods, citizens and people of Israel. That moral corruption on top of the Supreme Court’s conflict with its non-governable state systematically eroded the security fabric of Israel’s society.

Events have now cast the dye for Israeli’s. The risk to security ineptitude is now far greater than any benefit egregious, revolutionary, anti-government, political insurrection can offer them. The behavior of revolt is off the table and will not be tolerated by the Israeli regime being defined by these events.

Two Supreme Court decisions over the past few days have set new precedent for the courts 'hands off government' stance. Whether they maintain that standard is yet to be seen, but the message is being delivered and people in high places will be cautious, tentative even anxious about a future in which the mechanism of government are no longer subject to the whims of the political elite.

Tel Aviv is the most ‘ethnically cleansed’ city in Israel, a place where few Arabs are employed, relative to population. The angry left, who only a few months back led revolt against the rising religious are now fighting side-by-side with their brothers coming to the fast realization that ethnic sentiments ought to be redirected to their common security insurrections including from more broadly defined terrorism.

One can only hope this has forged a new political reality in which the left, right, religious and secular elevate an uncompromising security ideal to new heights across all walks of Israeli, its neighboring and global societal security interests.

The months ahead will be difficult, but the decades, after this painful period, will no doubt be brighter than ever.

The Israel vs Palestine Debate

If you ever found yourself in the hotly contested debate about occupation in Israel, you probably had to make a fight or flight decision to jump in, raise your blood pressure and argue your point or get out with your emotions in check. The subject seems to attract people who are motivated for many different reasons, none of which make this thorny subject any easier to navigate. For the purpose of this article lets just assume you are going to stay and argue. Therefore, given the diverse supercharged field, I highly suggest you do your homework and always take the offensive, you're going to need it.

In September 1970 Jordan's King declared a state of military rule to thwart an attempt to overthrow him. Following the brutal deaths and expulsion of thousands of Jordanian Fatah revolutionary fighters, the Black September organization was formed. In 1972 Black September raised their international awareness when they killed two and kidnapped nine members of the Israeli Olympic team in Munich. Under the banner of Fatah the, 10 year old, Palestinian Liberation Organization cooperated with Black September operatives and turned their attention toward domestic Israel.

By the early eighties there were few walls, barriers or fences between Jews, Arabs and Christians living in Israel. Until the Oslo Accords in 1993, life was a 'box of chocolates'. Kids would cross roads, streams and wide, open fields riding their bikes through each others neighborhoods. Adult's would shop in each others villages or markets and communities would happily coexist. Then, in the positioning and lead up to Oslo, the official business got underway and in everyone's way!

Oslo Accords

I'd like to reflect on this history, but there seems little point because the positions and vested interests of debaters, on either side, are mostly intransigent. Instead I'm going to focus and equip you with the tool that can direct the argument at the 'box of chocolates' in an attempt to restore elements of that once prosperous condition.

In 2021, Israel's per capita GDP  was $52,000 vs $3700 for those living under Palestinian Authority (PA) control. The vast gap will never be narrowed by the PA because Israel's natural gas supply, to its domestic market, has significantly improved its economic efficiency. Gas, defense and dominant technology exports ensure its future economic performance will expand the gap at a faster rate. The charts below illustrate the acceleration of Israel's vs. PA per capita GDP over the past decade. 

Israeli Government per capita GDP $52,000

Palestinian Authority per capita GDP $3700

What does this all mean? People living under the PA are severely disadvantaged. The gap is inexcusable! By comparison landlocked Swaziland's 2021 per capita GDP was $3900. But belligerent, authoritarian political policies of PA leaders dissuade Israel from helping to restore the peoples advantage. Fearing electoral reprisal from Fatah's rival Hamas (Gaza), the PA have not held elections for 16 years. Corruption and organized crime have become rife as the leadership struggle continues in the streets. With the impending death of PA leader Mahmoud Abbas, change may usher in new hope that prosperity can be restored, but the chances are slim. 

Israel is the primary enabler of these authoritarian leaders who rule over people trapped by PA corruption, fear and the raw struggle for gang power. Israel must fill the void by formulating and offering the more prosperous alternative, one that will free people under the PA and weaken the grip of Fatah. Israel's direction and objective must support autonomous, elected city councils, provide umbrella economic oversight, policy coordination, administrative agreement, security coordination, infrastructure support, alien privilege, residency and ultimately full Israeli citizenship, for those who qualify and want it. In process and during progress toward these objectives, the walls and separation fences must come down. 

Prosperity for residents under the PA is their superior and primarily, desired objective. This sentiment will not be shared by terrorists and criminals who instill fear through which they silence opposition to command unchallenged media attention. However, Israel's surprise, genuine offer to integrate residents under the PA will no doubt throw the underworld into disarray. This is the right offer, and argument, because prosperity of all people is the only universal argument, after all everyone wants a 'box of chocolates'. 

And, if you're wondering how Israel will deal with such a proposition, I suggest you read this...