October 30, 2007
SHATIL
NIF Outside Israel
Weekly Message
Last week, the drafting of a constitution for Israel was the subject of much discussion in the Israeli corridors of power. Apparently, momentum is again building for approving a constitutional document in the next few months, timed to coincide with the country's celebration of 60 years since independence. Many would rejoice this development, as they view the absence of a written constitution as a long-missing gap in Israel's democratic infrastructure. However, there are also voices of concern about the content of the proposed constitution and, particularly, the possibility that certain now-recognized rights – affecting Arabs, the non-Orthodox, gays and others - will be restricted.
For many Americans, the notion that adopting a constitution could result in the negation of rights seems counter-intuitive. Our perspective is shaped by the bold decisions of the Warren Court, which significantly expanded constitutional rights, particularly in the fields of freedom of expression, criminal procedure, civil rights and the separation of church and state. The core of these constitutional rights has survived even the more conservative judicial decisions of the Burger and Rehnquist courts.
In our enthusiasm regarding the positive impact of the US constitution, we tend to forget our own history. Our founding document was the consequence of a series of compromises. The document's endorsement of slavery was a blight from the outset and was remedied only after a bloody civil war. And even then, the constitutional abolition of slavery and the promise of equal protection did not result in permanent changes in the daily lives of the former slaves, nor did these amendments immediately transform the American judiciary into a protector of individual rights for the most vulnerable Americans.
In coming editions of NIF News, we will examine the implications of the proposed provisions of the Israeli constitution. For now, my hope is that excitement about filling a "democratic" deficit will not result in adopting a document that seriously retards the protection of fundamental rights.
This week’s NIF News reports on the NIForum events in 10 North American cities. Also in this edition, SHATIL highlights the life and work of dedicated activist Shira Ben Sasson Furstenberg.
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