A perilous implosion awaits Israel unless true democracy prevails

Thus, neither liberal Jews, nor the Hasidic community, nor religious extremists should be allowed to infringe on each other's right to live as they see fit, which is exactly what democracy stands for when it comes to the separation between the state and religion. However, each side has obligations to the state to meet as well, which is why the religious community in Israel should not be exempt from meeting those obligations as they currently are, shirking military service in favor of Torah study. This too is inconsistent with democracy, when the burden to protect the nation is not shared equally by its citizens.

What is worse is that the religious community depends almost entirely on government funding to finance their institutions-funds which are largely generated from the liberal hard-working taxpayers whom the staunch nationalists and religious fanatics chastise and look down upon for being secular.

The liberal Jewish community, which is the engine behind Israel's economy, should now insist that, and never rest until, a new basic law is enacted to codify the separation between state and religion that would unshackle secular Israelis from religious doctrine that often infringes on their private life. The law should also require that observant Israelis who do not want to serve in the army for religious reasons, should instead be required to perform community service for two years to serve the nation, only in a different capacity than soldiers. This will not only benefit the communities who require such services, it is consistent with Jewish values to come to the aid of those in need and will also allow these young Orthodox Jews to acquire certain professional skills which they can use to make a living should they elect to do so.

To be sure, the observant community should live, just like the secular community, as they see fit and be provided with necessary funds to run their institutions, provided that they contribute socially to the welfare and wellbeing of the larger Jewish community. A basic law that enshrines the separation between religion and state will offer the only guarantee to prevent the continuing conflict between the two camps while preserving one of the main fundamentals of democracy.

Ending the occupation

Ending the occupation is sine qua non to the preservation of Israel's democracy. Indeed, as long as Israel remains an occupying power and applies two set of laws in the West Bank-one for Israelis including the settlers, and one set of military laws that govern the Palestinian community-Israel is not and will never be a true democracy. Successive right-wing governments have been systematically misleading and brainwashing the Israeli public to justify the occupation on the grounds of national security. They have been methodically portraying the Palestinians as an irredeemable foe while describing the occupation as central to keeping the Palestinians at bay and preventing them from ever establishing an independent state of their own.

Furthermore, successive Israeli governments have been promoting the notion that the Palestinians are bent on destroying Israel even if they establish their own state, while normalizing the occupation of the West Bank as if it were simply an extension of Israel proper. Eighty percent of all Israelis and 92 percent of all Palestinians were born after the occupation began in 1967. The occupation is dangerously eroding Israel's moral standing and social fabric regardless of what kind of spins are put on it. It is not only destructive for the Palestinians, instigating militancy and endless violence, it has fueled a rise in antisemitism as the ruthless occupation is being associated with the Jews, as we are currently witnessing. To be sure, the Israeli occupation is logically skewed, politically counter-productive, and misleading from a national security perspective.

The current Israeli government openly calls for the annexation of the West Bank, which not only makes a mockery of Israel's democracy but leaves the Palestinians with no other option but violent resistance. Indeed, the occupation and the way Israel is treating the Palestinians is apartheid in the full meaning of the word. The multitude of Israelis who have been fighting to preserve the independence of the judiciary must fight with the same vigor, tenacity, and commitment to end the occupation if they really want true democracy to prevail for generations to come.

To that end, the government must remain under unrelenting public pressure to create a path that would lead to the establishment of an independent Palestinian state in the context of an Israeli-Palestinian-Jordanian confederation. (My entire proposal on the creation of such a confederation can be found in World Affairs Journal.)

Establishing a constitution

One of the reasons behind the judicial crisis is that Israel does not have a written constitution, especially one that would require a supermajority (two-thirds) of the Knesset to amend any basic law and prevent any amendments by a simple majority, as was the case of the "reasonableness" bill which passed by a meager majority of 64 out of 120.

Israel's democracy as it is currently formulated lacks necessary safeguards and can be manipulated to conform with the ideological or religious leaning of the government at any given time. The constitution should rest on foundational provisions over which reaching a consensus is a must.

Given however the diversity of opinions, ideologies, religious beliefs, political leanings, and different visions about Israel's future, it will be extremely difficult to reach a consensus on establishing a constitution. Nevertheless, Israel's many basic laws can form the basis for a constitution, which can be built upon. To that end, representatives of all current political parties should convene on a regular basis and commit, from the onset, to continue working on drafting a constitution until they reach a consensus.

Some of the fundamental provisions of the constitution should obviously include judicial independence; separation between religion and state; comprehensive human rights regardless of race, color, gender, ethnicity, or religion; equality before the law; freedom of expression and the press; free and fair elections; and a clear definition of the legal prerogatives of the government, its obligation towards citizens, as well as the relationship between the military and the government. Ultimately, a constitution that encompasses all the above provisions will provide the necessary safeguards to protect and sustain democracy.