While the Labor Party is busy with infighting for and against
the proposed referendum on the surrender of the Golan Heights
as part of a peace treaty with Syria, Rabbi Moshe Gafni has
proposed a bill abolishing the necessity for a referendum on
this issue.
Explaining his proposal he stated: "Last year's Law of
Government and Judicial Arrangements enhances the Knesset's
ability to supervise government decisions on the issue of
ceding territories in the Golan Heights. A clause in the law
explicitly determines that such a decision requires the
approval of the Knesset, and even demands a special majority
of the Knesset members.
"Other clauses in the law determine that a decision,
according to which Israeli justice, jurisdiction and
administration no longer apply to [particular] territory,
requires the approval of a referendum to be held according to
a Basic Law which to be enacted for that purpose, on which
there are differences of opinion between Labor and Likud."
Rabbi Gafni notes that such a demand is undesirable since it
bypasses the democratic institutions and negates the
country's system of government, according to which decisions
are made by duly elected representative bodies, not by
citizens directly.
The proposed law states that government institutions are
capable of determining the needs of the state, whereas
citizens are liable to have a narrower perspective. Such
referenda might not benefit the very public participating in
them.
For example, were a referendum to be held on the question of
abolishing income tax, we can assume that most citizens would
support such a decision without considering the fact that it
would result in emptying the State treasury.
An additional shortcoming of the referendum method lies in
the fact that the results of regular elections allow for
compromise and negotiations between various sides, vital in a
state like Israel which is composed of many types of sectors.
However, a referendum pits both sides against each other --
the winners against the losers -- robbing both of the
possibility of compromise.
Rabbi Gafni also notes that although the Basic Law of
Referenda has yet to be enacted, there is still no obligation
to hold a referendum. Since a number of proposals on the
issue have been proposed in the Knesset however, and in light
of the issue's importance, he suggests cancellation of the
clauses which determine the need for a referendum and in this
case, to leave the decision the hands of publicly elected
officials.
In short, the proposal stresses the dangers of a referendum
enabling the Government to shed accountability for its
policies, thereby weakening these democratic institutions.
