Israel is drafting a new constitution with the goal of it being in place for the state's sixtieth birthday. Apparently Israel is not governed with a written constitution. In any religious state there is always the issue of secularisation:

The real obstacle that has impeded a constitution for 60 years is not the Arabs, but the disagreements between the secular and the religious. If a decade ago it was clear that a constitution would mean a separation of religion and state, says Abramowitz, now the discourse is on a constitution the religious can live with. And why should the religious agree? In order to change the status quo, where the Supreme Court determines its own jurisdictions, by determining the Knesset's and the court's jurisdictions in advance.

While it may be politically sensible, it is constitutionally unwise to allow religion into the constitution or have any constitutional role in government - especially the judiciary.

The article continues:

Ben-Sasson will propose to the religious the solution suggested by the Israel Democracy Institute: that certain religious laws be protected from High Court of Justice intervention. Regarding some issues of religion and state as well, it may be stipulated that the Knesset can override High Court decisions with a relatively small majority, 61 votes.

Which is worse than the Muslim courts in Malaysia and more like the exalted position religion gets in the Iranian government. If this occurs it will be a poor constitutional decision by Israel that will lead to conflict and distress between secular governance and religious self-interest.
Cam Riley: South Sea Republic. Freedom, liberty, equity and an Australian Republic.

Comments

  • Israel faces very difficult religion and state issues. They go to the core questions of defining Israel as a "Jewish and Democratic state".

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