Weekly Commentary: Game Changer - Basic Law: Extended Referendum Law

Weekly Commentary: Game Changer – Basic Law: Extended Referendum Law
Dr. Aaron Lerner 6 March 2024

The Israeli political system is unable to address the challenges posed by
the Haredi insistence on their right to choose a heavily subsidized life of
poverty along with a blanket waiver from the obligation to participate in
the defense of the country.

The source of this inability is that the national camp relies on Haredi
votes to prevent moves it opposes regarding the Palestinians.

This concern can be addressed by upgrading and extending Basic Law:
Referendum Law as presented in the draft law which follows.

The key features of the legislation:

1. It applies both to concessions within “sovereign” Israel as well as areas
in Judea and Samaria.

2. Unlike the original law, there is no option for a snap vote in the
Knesset to take the place of the national referendum. This precludes the
possibility that temporary herculean pressure induces a special majority of
the Knesset to bypass the need for a national referendum. This gives the
country ample time to find a way to deal with the pressures and also serves
to explain to those pressuring the Jewish State that the Israeli public is
going to have to sign off on whatever they are trying to pressure Israel
into doing.

3. Unlike the original Basic Law: Referendum Law, a 90 MK majority is
required to change the law.

The passage of this draft law would be a game changer in Israeli politics
with the possibility of a broad coalition which could dramatically change
the country with:

1. No subsidies of any kind shall be provided to able-bodied individuals or
families with an able-bodied husband who chooses not to be employed
full-time..

2. No funding for yeshivot in which the students do not serve in the IDF.

3. No funding for educational institutions grades 1 through 12 in which
basic skills (math, English, etc.) are not taught within the institutions
with the teaching of these skills independently verified.

This new coalition could be formed without the need for elections.

Curiously, it is not even clear if all the Haredi parties would stay out of
this coalition.

The Shas party, whose educational institutions ostensibly teach the basic
skills and whose voters almost all actually work, would have to decide
between the benefits of being inside the ruling coalition and solidarity
with Ashkenazi haredis.

The following is an English translation of the draft text:

Basic Law: Extended Referendum Law

Referendum
1. (a)
If the government has decided to ratify an agreement or sign an agreement,
according to which the law, jurisdiction and administration of the State of
Israel will no longer apply to the territory in which they apply, including
an agreement that includes a commitment for the future and a commitment
conditional on conditions, the agreement, after being approved by the
Knesset by a majority of its members, will be subject to approval in a
referendum.

(b)
If the government has decided, other than by way of an agreement, that the
law, judgment and administration of the State of Israel will no longer apply
to the territory in which they apply, the decision, after being approved by
the Knesset by a majority of its members, requires confirmation in a
referendum,

(c)

If the government has decided to ratify an agreement or sign an agreement,
according to which the status of an area in Area C will be given the status
of an Area B or Area A and/or according to which the status of an area in
Area B will be given the status of Area A the decision requires approval in
a referendum,

(d)
If the government has decided, not by way of an agreement, that the status
of an area in Area C will receive the status of Area B or Area A and/or
according to which the status of an area in Area B will receive the status
of Area A approval in a referendum is required.

The right to participate in the referendum
2.
Eligible to participate in the referendum is anyone who would have been
eligible to participate in the Knesset elections had they been held at the
time of the referendum.

Application instructions
3.
The holding of the referendum will be subject to the provisions of the law
regarding the Knesset elections, with the mandatory changes and the changes
established by law.
Stability

4.
Emergency regulations do not have the power to change this Basic Law,
temporarily revoke its validity or set conditions in it.

Rigidity

5.
This law may not be changed except by a law passed by a majority of 90
members of the Knesset.

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