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September 22, 2000/22 Elul 5760, Vol. 52, No.55
Talking revolutionEditorialIsraelis are talking about a "secular revolution" - bold words anywhere, and all the more so in the Jewish state, where "secular" is seen by many as "revolutionary" in itself.Prime Minister Ehud Barak proposes allowing Shabbat travel for El Al Airlines and Jerusalem busses; of issuing civil marriage licenses; of abolishing the government's ministry of religion. Political posturing? Tweaking the ultra-Orthodox? Pipe dream? Putting aside the motives for Barak's offering a secular revolution to the electorate, there's only one word that could bring it about: "constitution." Israel's government is a strange bureaucratic jumble of British and Ottoman law, laced heavily with Jewish religious influences. Crafting from these a constitutionally cohesive body of laws and principles would be nearly impossible. Further complicating the issue is the authority of the Knesset. The odds are long that it would move toward a constitutional government that likely would mean redistributing some of its power to the Supreme Court. Under the current system, the Supreme Court cannot overturn Knesset law; it can only make suggestions. It was a daunting task to pass a constitution in the United States, then a nation barely into its teens. A Constitutional Congress was convened, independent of the states formed under the Articles of Confederation; the constitution's advocates knew the individual states would not be quick to give up power or influence. The document was adopted in 1787 but not ratified by the last of the 13 original states until 1791. It is inconceivable that the Knesset willingly would transfer powers it has possessed since the inception of the modern state of Israel over 50 years ago. Israel has yet to take the first tangible step even to writing a constitution. And the Barak government may be out of power in a matter of months. A final hurdle - perhaps the highest - is the peace process. Making peace with the Palestinians is difficult enough. As the peace process stumbles along, how Barak can advocate governmental and social change is something of a mystery. A secular revolution? Probably not anytime soon. |