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Ben-Gurion decided against a
constitutional system, fearing re-
ligious opposition and justices'
control over a democratically
elected government.
Instead, over the years the
Knesset passed a series of Basic
Laws that were regarded as
chapters of a future constitution.
Two of these Basic Laws, passed
in 1992, "Freedom of Occupation"
and "Human Dignity and Liber-
ty," established some basic prin-
ciples about Israel as a Jewish
state and a democracy. Taken to-
gether, Mr. Klein explains, "they
compromise the 'constitutional
revolution,' for Barak regards
them as 'higher law' that can be
used as a yardstick to measure
the legality of all other legisla-
tion."
Such thinking naturally wor-
ries those in the Knesset, and le-
gal scholars as well.
"There are people who believe
our system of government has
changed because Justice Barak
says so," says Hebrew Universi-
ty law professor Ruth Gavison.
"I don't, and even more to the
point, there are other justices on
the court who disagree with
Barak's reading."
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"There are people
who believe our
system of
government has
changed because
Justice Barak says
so. I don't."
The test of the "revolution" will
come in the next three months,
when a panel of 11 justices will
hear an appeal against an
amendment to the "Gal Law,"
which forgives the debts of
moshaviin (farming villages) to
the country's banks.
"Freedom of property is one of
the rights ensured by the new
Basic Laws," Mr. Klein explains.
"The Knesset decided to cancel
these debts. But the banks are
saying: 'Someone has to pay
them, and by passing the amend-
ment, the Knesset has deprived
us of our basic rights.' So the
questions before the court are
whether it has the power of ju-
dicial review and whether the
amendment is constitutional."
Whatever the court's ruling, it
will be a landmark decision.
Some observers fear that the
Barak court may be on a collision
course with the Knesset.
Mr. Klein says Mr. Barak will
take a more prudent approach
than his previous rhetoric sug-
gests. "After all," he reasons,
"Barak has another 11 years to
effect his revolution. He doesn't
have to do so in the next few
months:Ell
(