Later versions by Tzvi Berenson, legal advisor to the Histadrut labor organization, changed Beham's version beyond recognition. Berenson's proposal channeled the Labour Zionist A.D. Gordon's worldview, which prioritizes state legitimacy based on tangible advancement for its people rather than individual rights. Berenson’s draft declared the founding “by right of the unbroken historical and traditional connection of the people of Israel to the land of Israel, and by right of the labor and sacrifice of the pioneers.” This wording would not appear in the final draft; instead, Ben Gurion would declare independence "by virtue of our natural and historical right."Rogachevsky and Zigler concentrate on the political theory revealed by the Declaration. They highlight the significance of Ben-Gurion's late alteration to the draft, which modified the Declaration's phrasing from "bestow rights" to "ensure rights." This is significant because, in the tradition of Lockean natural law, Ben-Gurion contended that rights "belong to the people" and are not mere inventions of the state. In his opinion, rights "bestowed" by the state can just as easily be revoked by it.Surprisingly, the word "democracy" did not appear in the final text, albeit the authors argue that this has been overemphasized. Moshe Sharett, a politician and future prime minister, removed the word from the majority of drafts leading up to the final text. Perhaps, the authors argue, because it is clear throughout that the document declares the independence of both a procedurally democratic state (voting) and a substantive democracy (equal protection of rights), and perhaps because time was limited, this was simply not discussed.
Less surprisingly, discussions about religion's.
presence in the text remained contentious among members of the provisional government in the last days before the Declaration. Aharon Zisling, an ardent secularist, objected to the invocation of "the Rock of Israel" (Tzur Yisrael), whilst more religious drafters advocated for a "God of Israel" and, more broadly, a theological underpinning for the state. Ben Gurion's final statements on the subject were a model of political diplomacy and brilliance, but they anticipated the conflict that would ensue over Israel's Jewishness and its political significance:I understand what the Tzur Israel in which I have faith is. Surely my friend on the right understands what he believes, and I also understand how my friend on the other side does."Much of Israel's political history has been marked by such exigencies—the decision to avoidgridlock over debating a written constitution, clarifying what the precise nature of Israel's Jewish character entailed, and even failing to spell out the democratic nature of the state that its drafters clearly envisioned. Israel's early builders recognized the overarching requirement to, in Ben-Gurion's words, "determine political reality."The Declaration reverberated throughout current Israeli history and had a direct influence on the creation of the Basic Laws. Justice Aharon Barak, who shepherded Israel's judicial renaissance from a meeker procedural court to one of the world's most interventionist high courts, recently took to the pages of Israel's main Left-leaning daily Ha'aretz to urge the adoption of a written constitution, "based on the values of Israel's Declaration of Independence as a Jewish and democratic state." Barak said: "These values are the values of heritage and Zionism on the one hand and the values of human rights and the rule of law on the other."
It is impossible to see how Israel could reach an agreement.
on a written constitution in the midst of its current instability. Israel's Supreme Court is currently ready to hear submissions in mid-September that challenge the validity of Netanyahu's first plank of judicial reforms, the elimination of the Court's jurisdiction to overturn ministerial decisions based on unreasonableness. If the Court invalidates the reforms, as many believe it will, it will be difficult for Israeli society to recover from the crisis.However, Zigler and Rogachevsky's work serves as a reminder of Israel's rich past and the warriornation's tenacity in the face of adversity. If Israel survives, it may be because there is still enough to unite the country, as when Ben-Gurion spoke at the Tel Aviv Museum in 1948.
Joanna Baron is the Executive Director of the Canadian Constitution Foundation, a legal nonprofit that defends constitutional rights in courts and public opinion. She was previously the founding National Director of the Runnymede Society and a criminal defence lawyer in Toronto. She studied Classics at St John's College in...
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Moffat deserves credit for proposing some novel and meaningful legislative measures to address Canada's chronic housing deficit. The federal cabinet would be wise to focus on his recommendations when he briefs them in Charlottetown this week for what is described as a critical meeting on the country's housing "crisis." The important subject on which government ministers should hear more from Moffat is the reintroduction of accelerated depreciation rates for rental homes. The government cannot and should not attempt to "solve" the housing crisis on its own. Large pools of private capital must be redirected toward the construction of rental housing, and there are currently no incentives for this to occur on a major scale.What stands out about Moffat's piece and much of the current discussion regarding housing is the emphasis on boosting supply. It's as if the subject of housing demand has been removed from politicians' minds when it comes to addressing what has been correctly identified as one of the most difficult and critical issues confronting the country. |
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