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8 Av 5759 - July 21, 1999 | Mordecai Plaut, director Published Weekly
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Only Left Can Undermine the Rule of Law By Changing Basic Law

by Eliezer Rauchberger

At deliberations over the change in the Basic Law of Government which enabled the broadening of the Government to allow more Cabinet Ministers (to 24 from the original 18), UTJ representatives did not hide their opposition to the Law nor the fact that they have been compelled to support it because of their obligation under the Coalition agreement. Opposition to this measure was widespread, if not strong. The Basic Laws were supposed to be fixed principles which are not to be changed so easily, and especially not for less-than- momentous reasons. In this case the reasons are purely politics in the worst sense of the word. Barak is changing the law just to have enough jobs to dish out, and not for any reason that has to do with the substance of the law or good government.

MKs Rabbi Porush, Rabbi Ravitz and Rabbi Gafni, each in his own Style, expressed it in the following:

Rabbi Porush: "From the first days of the Government's existence, Ministers Beilin and Sarid have made declarations which annoy the Torah-observant community as well as mock the Coalition agreements. A common theme links the proposed law to broaden the Government with Sarid's and Beilin's remarks: a lack of values, the lack of respect for agreements and for the Basic Laws. We are voting for the proposal because we honor our agreements. But please hand me a glass of water and some pills against nausea."

He then reminded his listeners that during the election campaign the Prime Minster promised to effect a change in the political, social and economic life of the country. "And lo and behold, the first change they introduce is a change in the Basic Law for the sake of the convenience of a narrow- minded party. The Government is acting very cynically, informing the public that the actual meaning of the change which it was promised is: mockery for principles. Shame on such a contempt for values and the disavowal of the Basic Laws."

Rabbi Porush noted, "Although the Coalition rests on 73 Knesset members, in reality, UTJ did it a great service by not accepting any active positions or portfolios. Thus if the 5 members of the UTJ faction are eliminated, the coalition will have 68 members, precisely the amount of MK's in the former coalition. But the former Government sufficed with 18 ministers and six deputy ministers [as provided in the Basic Law], and in that manner, honored the Basic Law."

In the beginning of his remarks, he said: "UTJ will apparently vote for the law, because all Coalition members must support the agreement between the parties. In addition, we expect the remaining members of the Coalition to behave similarly on other issues," he said, clearly referring to Sarid and Beilin and others who might try to follow them.

Rabbi Ravitz said: "One good thing results from the Law to Broaden the Government: it enables the changing of a Basic Law when circumstances indicate that such a change is necessary. From now on, the Basic Law isn't something sacrosanct and untouchable." He added, "Until now, it was forbidden to change a Basic Law after the members of the Knesset had accepted it by means of a majority of votes and legislated it into law. Now, when circumstances bode for a change in a Basic Law, we see that it can, indeed, can be changed."

Rabbi Ravitz reminded his listeners that UTJ did not take any positions in the Government and that coalition negotiations with UTJ focused only on ideological issues, in order to guarantee the ideal most important to the Jewish nation: the safekeeping of the status of the Torah world.

"Therefore, it is difficult to understand how parties who have ministers and deputy minters place the Prime Minster in an impossible situation by demanding more and more positions, obligating the presentation of the proposed law and the changing of the Basic Law in a manner which enables the expansion of the Government."

Rabbi Gafni wasn't sparing in his criticism of the law: "My friends in the Left, especially those of Meretz, offered me a very lengthy explanation about the importance of the Basic Laws [on other occasions when we wanted to amend them]. The truth is that I didn't really understand. I told them: `We have a set of laws which does not change with circumstances nor according to whims. Our law enjoins us to observe Shabbos, so we observe Shabbos. That's the way it was 3000 years ago, 200 years ago, and now. Our laws can't be changed by a majority of 61 just because Meretz has joined the coalition. We don't change. That's the way we have been raised and that's how we raise our children.' I told them this, and they told me that the Basic Laws, the constitution, also can't change. They explained to me with zeal that Basic Laws are not changed. I didn't understand. But they are enlightened people. Yes, Meretzniks are enlightened. The media also backs them constantly, so I figured that this time they were serious.

"Once there was a Basic Law to which we [the chareidim] agreed: Freedom of Employment. When it became clear that the law wasn't referring to the importation of non-kosher meat, we said that since the law doesn't mean that, and we were the legislators, we would amend it. Rabin proposed the amendment, and Meretz and Amnon Rubinstein, who was supposed to be the head of the Constitution Committee, rose to the podium and yelled: `A Basic Law! Changing it undermines the rule of law.' But the legislator, in passing that law, was not referring to the Law of the Importation of Non-kosher Meat. He was referring to the Freedom of Employment Law. And we, the blacks, the chareidim, yelled at him, while he, the enlightened one, stood there and explained that Basic Laws simply are not amended. Okay. I was certain, then, that such was really the case, and that he was speaking in all seriousness. Suddenly, I reach this Knesset and see that they're about out to amend a Basic Law. Gevald! A Basic Law. Amnon Rubinstein, Yossi Sarid, Ran Cohen, Zehava Golan. They're sleeping. Well, anyway, they're going to amend a Basic Law. Why? What happened?"

Rabbi Gafni then proceeded to criticize the law: "In the previous Knesset the Coalition had 8 factions and 18 ministers. Now there are 6 factions -- two less than before -- and the number of ministers must be increased by 6. The Government must be expanded, and so they have to break the `sacrosanct principle' of the Basic Law -- to waste money, to harm the unemployed, to take money from education, so that Yossi Sarid can be a minister. Nu, so what! Let him give up his position for the sake of Zehava Golan, so that there should be another woman in the Government. Davka he has to be a minister? And so they expand and amend a Basic Law. The truth is that I simply don't understand why the number of ministers should be expanded. Who needs more deputy ministers? Why waste money? Why undermine the rule of the law and the principle of the Basic Law?

"If Netanyahu had done something like that," Rabbi Gafni added, "the media would have descended upon him and wouldn't have left him alone. But for the Left, everything is legitimate. Had Netanyahu expanded his Government to include 24 ministers and had increased the number of deputy ministers and hadn't been afraid of the media, he would still be Prime Minister."

Blumenthal, in a remark from the bleachers: "The Police would have investigated him for bribery."

Rabbi Gafni: "If the official clerks of the Treasury were to say that there's no money in the reserves, Netanyahu would have replied: `So what can we do? There's no money.' But when the Labor party rises to power with Meretz, the officials in the Treasury say: `There is money in reserve.'

"Now to the central point: For two months the media has been silent. Imagine what would have happened if Netanyahu had appointed Rabbi Porush as one of the ministers in the 24- minister quota. Mabat would have opened with: `The chareidim are taking money from the unemployed.'

"During the past three years and especially as the elections were approaching, we rose every morning to attacks against the chareidim. Every day a new affair. . . I would look at my myself in mirror every day to see whether I was really such a monster. OK not so bad. For the last two months I was considered rather nice. I open Ma'ariv. I open Yediot and Haaretz, and there are no attacks against the chareidim. Fine, we've become agreeable because we're in the coalition with Mapai. It's about time that the Likud learned from Mapai how to gain control."


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