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114
FRIDAY, OCT 30, 1987
(313) 353-1424
Constitution
Continued from preceding page
that all Israelis can take part
in creating a new "social cove-
nant."
Reichman said that he and
his colleagues engaged in
their effort because of a fear
that the current situation en-
dangers Israel's democratic
structure and the humanistic
values on which Zionism was
established.
That is why a bill of rights
was considered mandatory.
"The most sacred human
rights can be amended by a
simple majority of the
Knesset," he said.
He noted particularly the
religious laws which are sub-
ject to pressure from the
small religious parties which
are needed to form a govern-
ment by Labor and Likud. He
said the rightwing political
element might find they need
the support of Rabbi Meir
Kahane to form a government
and adopt a law to impose a
curfew on Israeli Arabs, or
the left wing might need the
Communists and agree to na-
tionalize major industries.
"In order to preserve in-
divival freedom, the state
should be run for the benefit
of its citizens, rather than the
politicians," Reichman said.
The proposed bill of rights
would preserve religious
freedom, but it would also
protect secular Israelis, allow-
ing civil marriage, divorce
and burial, Reichman said.
But, he stressed, there would
be no "wall of separation" as
in the U.S. Constitution, and
the state would still support
religious services.
Reichman rejected the long-
held common view that David
Ben Gurion, Israel's first
prime minister, did not push
for a constitution because of
the religious issue. He noted
that the National Religious
Party was ready to support a
constitution in 1949-1950 and
that one of its leaders would
have chaired the committee
drafting the document.
"Ben Gurion simply did not
want a situation in which his
hands would be tied by a bin-
ding document," Reichman
said.
In addition to the guaran-
tees contained in other demo-
cratic constitutions, Reich-
than said the proposed bill of
rights would also contain the
right of citizens to a humane
standard of living. He ex-
plained in the Jewish tradi-
tion of each Jew being respon-
sible for the other, citizens
who were starving or home-
less would have a claim on
the government. Reichman
said he did not fear that Israel
could end up with a constitu-
tion in which Israelis would
lose some of the rights they
now have. This is the concern
of many in the U.S., including
the Jewish community, about
the proposals for a constitu-
tional convention to force an
amendment requiring a bal-
anced budget.
While there is always the
danger of this happening,
Reichman conceded, he be-
lieves the bill of rights is too
ingrained in the American
tradition for this to happen in
the U.S., and polls have
shown that two-thirds of
Israelis want their country to
be a Western-style democracy.
The proposed constitution
contains vast changes in the
way Israel is governed.
Reichman said under the pre-
sent situation the govern-
ment cannot meet its respon-
sibilities to the public, and
ministers have no discipline
and frequently ignore govern-
ment policy to promote their
own standing in the country
and in their party. The
Knesset has no independence,
with 25 percent of its
members either cabinet
ministers or deputy
ministers.
Under the proposed con-
stitution, the prime minister
would be elected directly by
the public. If no one gets 45
percent of the vote, then a
runoff would be held by the
two candidates who received
the most votes.
The prime minister would
appoint and fire members of
the Cabinet, but decisions
would have to be taken by a
vote after discussion.
The proposed constitution
would have 50 percent of the
Knesset elected by districts
and the other 50 percent by
at-large votes as at present.
Reichman explained that this
was proposed so as not to
push the small groups out of
the system and into ex-
tralegal measures.
Both the prime minister
and Knesset would be elected
at the same time and the
government would fall if 60
percent of the Knesset ap-
proved a non-confidence mo-
tion. But then both the prime
minister and Knesset would
have to seek a new election.
Reichman said under this
system the "blackmail power
of the small parties would be
reduced because they could
no longer point a pistol at the
head of the prime minister"
to force him to meet their
demands or the government
would fall. Israel would have
two major blocs contesting for
office, although the small par-
ties could still gain Knesset
seats if they received 2.5 per-
cent of the vote in the at-large
election.
Jewish Telegraphic Agency