Is Referendum the Solution for Reforming the Judicial System?

by time news

The possibility of holding a referendum to address the reform of Israel’s judicial system was raised by associates of Prime Minister Benjamin Netanyahu and Likud ministers before legislation on the matter was halted last week. Both the opposition and coalition presented outlines for the referendum. During the crisis, Knesset member and opposition leader Yair Lapid proposed a referendum after Netanyahu claimed that “millions of people” endorsed the plan.

Referendums are commonly used in many democratic countries in Europe, America, and Oceania to address fundamental questions that may obligate the government or allow for legislative interpretation of the results. Switzerland is renowned for having held nearly 600 referendums since becoming a modern country in 1848, with the latest on same-sex marriage passing on September 26, 2021.

Despite being widely discussed, Israel has never held a referendum. In the first Knesset, there was a proposal to submit the 1949 armistice agreement to the citizens for decision. Former Prime Minister Menachem Begin suggested a referendum on whether to accept German reparations in 1952, but the proposal was also rejected. David Ben-Gurion, another former Prime Minister, opposed the idea, claiming that citizens were not capable of comprehending complex issues and that “yes” or “no” answers did not fully reflect their positions. Mapai, during Ben-Gurion’s tenure, proposed conducting a referendum on changing the electoral system.

In 2004, when the disengagement plan was discussed, Prime Minister Netanyahu, who was then serving as Finance Minister, suggested a referendum on the matter. However, Prime Minister Sharon rejected his proposal. The Knesset passed a Basic Law: Referendum in March 2014 aimed at regulating referendums for any arrangement that involved relinquishing territories. Netanyahu noted during his time in the Knesset that a referendum was the right and democratically just decision that could help maintain internal peace.

Before the legislation was stopped last week, those close to Prime Minister Benjamin Netanyahu and Likud ministers raised the option of going to a referendum regarding the planned reform of the judicial system, with an opposition outline and a coalition outline. At the beginning of the crisis, the chairman of the opposition, Knesset member Yair Lapid, also proposed to hold a referendum on the reform, after Netanyahu claimed that “millions of people” support the plan.

Those close to the Prime Minister raise the option of going to a referendum

As we know, this is a tool used in many democracies in Europe, America and Oceania, in which a question on a fundamental issue is addressed to the people, when sometimes it obligates the government and sometimes the job of interpreting its results rests with the legislature. The record holder of referendums is Switzerland, where nearly 600 referendums have been held since becoming a modern country in 1848, the last of which, presented to the public on September 26, 2021, ended with the approval of same-sex marriage.

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On the other hand, a referendum has never been held in the State of Israel, although this possibility has come up for discussion many times. Thus, for example, in the first Knesset there was a proposal to submit the armistice agreement of 1949 to the people for decision.

The signing ceremony of the reparations agreement 1952 (photo: Friedrich Ebert Stiftung)

In 1952, the former Prime Minister, Menachem Begin, proposed to hold a referendum regarding the question of whether to agree to accept the reparations agreement with Germany. His proposal, as mentioned, was also not accepted.

The former Prime Minister, David Ben-Gurion, opposed the holding of the referendum and claimed that the citizen does not have the ability to understand the complexity of complicated issues, and also noted that the answers “yes” and “no” alone do not adequately reflect his positions. However, under his tenure, Mapa proposed Conducting a referendum on changing the electoral system.

The disengagement (Photo: Raanan Cohen)The disengagement (Photo: Raanan Cohen)

In 2004, when the discussions on the disengagement plan began, Prime Minister Netanyahu, who served as Finance Minister at the time, proposed holding a referendum on the issue, but Prime Minister Sharon refused his proposal.

In March 2014, the Knesset approved a Basic Law: Referendum with the aim of regulating by law the conduct of a referendum on any political arrangement that includes the relinquishment of territories. Prime Minister Binyamin Netanyahu said during his time in the Knesset, upon the approval of the law, that “when we come to make such a fateful decision, if we come to it, we must go to the people. It is the right thing to do and democratically just, it is the only thing that can maintain internal peace within us.”

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