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Democratic Israel Must Demand a Jewish Sovereign Guarantor Before

Annexing Gaza, the West Bank and Declaring One State.

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Bicameral Parliament, Legislative Unification and Long Term

Economic Prosperity

The reorganization of community representation promoted by this paper is expected to gain

momentum over the next 25 years as the nation begins to understand and realize the social andeconomic benefits that will flow from it.

Jewish sovereignty, secured by national rabbinical representation in an upper house of Israel’s

future parliament (Knesset) may be a confronting prospect to many, but the national benefits for

all groups are presently misunderstood and overlooked. The majority of Israel’s Jewish

electorate periodically participate in the religious services of a local synagogue. Members of

these community synagogues presently nominate municipally appointed, government funded

Town Rabbis to represent their communal religious interests. Elected Town Rabbi’s are

self-interested to empower their framework and elevate it to take its place on the national

political stage. Grass root participation is a principal requirement for any such structural change,

therefore town hall meetings, community activities and societal representations organized by

appointed Town Rabbis and leaders will be hallmarks for success of this future movement.

Simultaneous participation by religious professionals in the judiciary and other segments of

Israel’s legislative and legal sectors will provide growing support, for integration into Israel’s

secular laws and processes the balanced, favourable (to society) interpretations founded in

ancient teachings and principles that strengthen Jewish Sovereignty.

Finally, growth of labor intensive domestic industry is essential to satisfy the economic demands

of Israel’s growing constituent underclass. Political parties that prioritise development of

sustainable industries capable of employing a significant portion of unemployed and

non-participating workforce will benefit. Israel’s indigenous and cultural prerogative, including1

for the optimal growth of tourism is a principle dogma of this future outcome. As such this idea

of community representation and sovereignty is tied directly to the issues presented; specifically

as the means for people to develop skills , obtain economic benefits and ultimately deliver2

wealth re-distribution to the broader population.

1 http://www.financeisrael.mof.gov.il/FinanceIsrael/Docs/En/The_Israeli_Economy.pdf 2 http://skills.oecd.org/supplyskills/documents/21abclabourforceparticipationbygenderandage2010.html

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Superior Judiciary

Rabbinical representation in Israel’s judiciary is virtually nonexistent despite the obligation to

refine social justice as expressed in the Torah portion Shoftim and the requirement to pursue

that end in Talmud Sanhedrin (32b). Such pursuit relates to the effort an individual expends to

bring all of society to a more refined state, in this case through a superior judiciary. AlthoughTorah and Talmud may emanate from a different era, the responsibility to refine justice is

unequivocal at all times. Therefore the obligation is active and must be carried out with clear

intention and conviction. This paper defines a plan to achieve such a result.

Rabbinical ordination and certification to practise law may not appear to have much in common,

but Israel’s state judiciary would be better served by qualified applicants who have also learned

the legal foundation of Torah. Such a scenario in which these qualified individuals integrate and

assimilate ideas through the Ministry of Justice is one where the Rabbis and scholars of Israel’s

communities and their various Talmudic institutions take command. In doing so they also fulfill

their obligations to pursue justice in a manner that would imbue Israel with a more just judiciarycapable of incorporating into precedent substantially Talmudic principles.

The number of places available to students in Israel’s law schools is limited. Each year

approximately 1500 students qualify the bar examination to become lawyers in Israel. Some

move to private practices, partnerships, corporate jobs, politics, advocacy and the judiciary.

Whilst enlistment is competitive, selection of accomplished Torah students would virtually be be

assured. Although negative biases at certain educational institutions may prevent a fair balance

of religious enlistment, it would not take more than a few years before selection on the merits

prevailed.

Israel’s Law Schools

Developing channels of cooperation between religious community leaders and Law Schools will

provide a foundation for parties to explore these ideas. Financial assistance in the form of

grants and other incentives for participation by underprivileged applicants, over and above

existing assistance programs from Law Schools can and should also be considered. The Law

Schools of Israel are listed below;

1. Bar Ilan University (BIU), Yaakov Herzog Faculty of Law, Ramat-Gan

2. University of Haifa, Faculty of Law, Haifa

3. Hebrew University of Jerusalem (HUJI), Faculty of Law, Mount Scopus Campus,Jerusalem

4. Tel-Aviv University (TAU), Faculty of Law, Ramat-Aviv

In addition there are six schools of law at these Israeli colleges: Academic Center of Law & Business

[1], Ramat Gan; College of Management [2] , Rishon Lezion; Interdisciplinary Center (IDC) [3], Herzliya;

Netanya Academic College [4], Netanya; Ono Academic College , [5], Kiryat Ono; Sha'arei Mishpat , [6], Hod

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HaSharon

Increasing religious participation in the legal affairs of Israel is a sure way to bring productive

Torah principles to the nation. Concern about imbalanced secular influence has led to an

isolationist response by many Haredi communities. Such community wide response can be

progressively improved by their participation in the Israeli judiciary with a view to producing laws

that would reflect their interests. Some communities are already participating in this manner and

we are encouraged to support them in their efforts toward these stated objectives.

Working with the Ministry of Justice and the administrator for judicial appointments, including

magistrates we intend to promote a more balanced representation from the Haredi and religious

sector.

Tourism showcase and economic incentive

The shortfall in contribution to GDP through added revenue from tourism is now widely

acknowledged at various levels of government and is closely tied to unskilled labor demand.

Response to the shortage of hotel rooms is the acute focus of government evidenced in

development grants that offer 28% cash rebate for approved developments. In addition very few

municipal councils in Israel will not grant relaxed zoning conditions for new hotel developments

because these offer significant contributions to the economy of any city. The economic shortfall

from Israel’s sub-optimal exploitation of global tourism demand presents an opportunity to build

and focus awareness on Israel’s most significant national economic initiative. The government

views the deep reforms required to address the complexity of the issues, but has not actioned

all of the top down changes required to realize the benefits that would flow. Realizing potential

revenue and employment advantages from tourism requires Israel attracting, accommodating

and facilitating millions of additional visitors to the country each year. Planning and developinginfrastructure, attracting capital and skills and training and educating workers needed to kick

start the momentum is a significant undertaking that requires attention from the Prime Minister

and the entire cabinet.

The Jerusalem 5800 team are a good example having assumed responsibility for planning a

future Jerusalem capable of expanding tourism by providing hospitality and infrastructure for

residents and visiting guests. These plans are now well established, published and in circulation

among the country’s most active bureaucrats. Planning has occurred over much of the past 3

years and the principle project team will soon complete its initial work. The work on individual

projects anticipated by the plan will soon commence and are expected to span the next 25years.

Jerusalem anchors Israel’s ability to attract mass tourism, its unique qualities allow it to compete

in a world filled with malls, tall buildings and resorts. Inherently its ‘holy city’ attractiveness

guarantees it a significant place on the world stage, but narrow vision, distractions and

complacent attitudes are a constant threat to the city realizing its full potential. To illustrate the

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magnitude of the attitudinal shift required, we return to the idea at the opening of this paper -

sovereignty expressed through national religious representation.

In order to advance Jerusalem and other major cities in Israel to their ultimate and most

beneficial conclusion, a new, but different phase of planning and development for Israel leading

to the year 5800 will be required. Anything less than a cross-government, highly professionalapproach, the likes of administrators who transform a city in preparation for the Olympic Games,

would be a poor result. This effort must be fully embraced by the highest office of the land, as

such the Prime Minister must have received a mandate for the idea’s covered in this document

from the electorate as the Knesset platform on which they are voted to power.

Bicameral Government - Israel as a Constitutional Monarchy

Israel’s government and constitution are remnants of the British system of government prior to

1948. The unicameral Knesset and Basic Law of the country followed forms that did not

emanate from Jewish culture and therefore remain somewhat cumbersome, not addressingnational, traditional or religious constituents particularly well. Further the 20% mostly Muslim

block of Israeli Arabs are often antithetical to sensitive national issues that favor the Jewish

majority because of an ambiguous constitutional construct.

Although not immediately apparent, Israel’s unicameral system of government does not ideally

represent the demographic it represents. Voter turnout over the past 50 years has progressively

dropped from the 80th to the 60th percentile, but voter turnout is not the primary issue. More

than a third of Israeli Jews observe traditional laws and another 25% consider themselves to be

traditional non-observing. Returning Israel to its more traditional model of judiciary and

government will be culturally compatible for its majority Jewish population. Notwithstanding thespread of secularism in Israel, economic pragmatism will continue to direct domestic politics

toward this ideal.

Establishing legal and cultural uniformity will certainly clarify the sovereign rights of Israelis, but

the objective of these unilaterally mandated propositions is to significantly boost economic

development for citizens. The legal and citizenship rights consistent with a democratic institution

to appoint a king are not foreign to Jewish culture or those of the region and the benefits of a

constitutional sovereign, would ultimately accrue through pomp, ceremony and constant global

fascination that would boost tourism well beyond anticipated levels.

A newly convened group has been established to promote and educate the electorate, electoral

assembly and Town Rabbis to provide direction, insight and inspiration to ultimately move a

resolution on a referendum for a bicameral structure of government that would draw its new

members from the electoral framework specified in the The Jewish Religious Services Law,

1971.

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Present Government Representation

Appointment of Israel’s Town Rabbis is governed by the Minister for Religious Affairs. Town

Rabbis are elected via the electoral domain of the Religious Council, city council, synagogues

and communities in accordance with The Jewish Religious Services Law, 1971. They receive

lifetime appointments.

The election of Israel’s chief Rabbi takes place in accordance with Chief Rabbinate of Israel

Law, 5740-1980* through a legal Electoral Assembly that forges an alliance of 150 people made

up of elected Mayors and Rabbis of Israel’s largest city’s, public figures, religious and regional

councils and knesset members. In all 80 Rabbis and 70 members of the public make up the

body required to make the appointment.

The Electoral Assembly representing the communities of Israel is constructed as follows;

(1) 30 Town Rabbis from the major towns;

(2) 14 Town Rabbis from the major local councils;

(3) two regional rabbis from the major regional councils; "regional rabbi" means a personappointed with the approval of the Minister of Religious Affairs to be a rabbi of a regional

council;

(4) eight rabbis from the major moshavim (smallholders' settlements);

(5) the most veteran neighbourhood rabbi from each of the towns of Jerusalem, Tel

Aviv-Jaffa, Haifa and Beersheba, and in the case of neighbourhood rabbis with equal

length of service, the oldest of them; "neighbourhood rabbi" means a person appointed

by the Religious Council, with the approval of the Minister of Religious Affairs, to be a

neighbourhood rabbi;

(6) the ten most veteran dayanim, and in the case of dayanim with equal length of

service, the oldest of them; (7) the Chief Army Chaplain and his deputy, and if he has no deputy, the army chaplain

with the highest military rank, and in the case of army chaplains of equal rank, the one

with the greatest length of service in the Army Chaplaincy;

(8) ten rabbis appointed by the Minister of Religious Affairs with the approval of the

Government.

The representatives of the public in the Electoral Assembly is;

(1) the mayors of 25 major towns;

(2) the heads of six major local councils;

(3) the heads of four major regional councils;

(4) the heads of the religious councils of 14 major towns;

(5) the heads of the religious councils of four major local councils;

(6) two Ministers elected by the Government;

(7) five members of the Knesset elected by it or by one of its' committees empowered by

it for this purpose;

(8) ten members of the public appointed by the Minister of Religious Affairs with the

approval of the Government.

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The overwhelming construction of this Electoral Assembly are religious representatives making

up 98 of the 150 members.

Whilst this Electoral Assembly is a temporary body assembled for the purpose of electing the

chief Ashkenazi and Sephardi Rabbis, its 80 Rabbinical members are empowered incommunities that extend deep into the heart of the Israeli electorate. These Rabbis have within

their collective power the ability to move the nation toward electoral reform to enable Israel to

finally address its constitutional construct, legal authority and sovereignty. Any initiative directed

to bring such constitutional change would need to occur from the level of Town Rabbis who

would lobby for and obtain community support for such an initiative. The hurdles to any change

are high, to understand them let’s look at referenda in Israel.

Referenda

The Basic Law of Israel does not provide for the holding of referendums and the country hasnever held one. The holding of a referendum has been proposed several times over the course

of Israel's history, although none of these proposals have ever succeeded. David Ben-Gurion

proposed a referendum on the introduction of a majoritarian electoral system in 1958 to reduce

the influence of the National Religious Party. Menachem Begin proposed the introduction of a

legislative initiative, which would have allowed 100,000 citizens to demand that a proposed law

be submitted to a referendum. The referendum was also briefly discussed in the 1970s, when a

plebiscite over the future of the West Bank was considered . 3

The enactment of significant constitutional reform would require the Knesset to adopt a

nationwide referendum or at least a referendum of a Knesset supermajority, a seemingly

impossible undertaking at this time. However, analyzing the reasons why events that promote

such an adventure could be embraced by the country and its elected representatives are

beginning to become apparent.

The national disparity that exists between religious and secular Jews also exists between

Ashkenazim and Sephardim, Haredim and Religious Zionists, new immigrants and old, hardline

Muslims, Christians and Jews, Bedouins and Druze, people under the Palestinian Authority,

Gazans and Israelis. In addition post military education ensures Israel’s concentration of the

highly skilled, while torah scholars and those without any post school education are often left

without skills. The principle unifying prospect for such a diverse society will be that which

provides the most apparent economic benefit. This presents a unique opportunity in Israel for

constitutional reform centered on employment centric economic prospects that are otherwise

not obtainable. Although other sector opportunities may contribute, tourism associated with

Israel as the “Holy Land” stands out from the crowd.

3 http://en.wikipedia.org/wiki/Referendums_in_Israel#cite_note-2

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Putting it all together

A promoter organization has enlisted Town Rabbis and Electoral Assembly officials to form a

loose body that concentrates its lobby to organize its electoral framework to serve Israel and its

economic objectives. The promoter organization, operated without fanfare, will direct its

objective to promote its ideals and organize its participants. Its objective is to document andapprove a charter directed toward establishing a bicameral parliamentary system, by

referendum using elected Rabbis to perform a national function beyond their present role as

‘Town’ Rabbis.

Promoting the expanded mandate of the existing electoral framework, by which Town Rabbis

are appointed, as a means to elect a second house to the legislature of government is a starting

point that will no-doubt transform as the idea matures. Although the development or even the

marketing of such an objective is feasible, a factor of financial budgeting, the higher motivation

and inspiration to drive toward the objective would make such an initiative far more compelling

for many of its participants. If the body of participants are motivated by the prospect ofexpanded power and by a higher reason to obtain it, there may be sufficient impetus to achieve

the objective.

The multitudinous and substantial issues to be addressed by any elected body responsible for

approving law in an upper house of a bicameral parliament would be daunting. However, as the

nation and the Jewish people’s authoritative religious body, its higher purpose would also

become the progressive amalgamation of religious and secular law in order that Israel’s

indigenous Jewish culture be expressed and fully exploited to the benefit of all its people. Such

an ambitious undertaking can only ever be initialized by motivated participants who bring a

religious and secular sensibility and can foresee a future Israel which enables its propheticcultural realization and releases the economic benefits that flow from it. Envisaging and

developing a path forward is a function of education and direction toward the objective, a matter

of interpretation already well prescribed in the Jewish exegesis.

The Law

The separate existence of national and religious law establishes a basis for confusion and

dismissal, each rendering the other impotent at the secular and religious fringes of Israel’s

Jewish society. The equal application of law by Israel’s executive and enforcement agencies is

made more difficult by the existence of underlying legal precepts that are culturally observed to

a lesser or greater degree by diverse groups in different parts of the country.

Israel’s unicameral legislative structure cannot serve its cultural or religious disposition because

it does not permit an authoritative body of representatives qualified in accordance with halachic

principles to prevail over it. As such it is conflicted by its inability to express Jewish sovereignty

over the land to which it claims an indigenous right on behalf of its Jewish people. This

proposition addresses the present shortcoming. A law to enable a one time national referendum

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to introduce a bicameral structure would also introduce to the national debate the constitutional

representation in Israel’s sovereign image.

The election of Town Rabbis to the upper house of a bicameral parliament is presently

influenced by public opinion through the Electoral Assembly and Minister of Religious Affairs.

The future process would ensure that selection criteria as modified in the course of drafting thereferendum, would satisfy the demands of both religious and secular communities in Israel. The

hope that Talmudic law and Israel’s state laws would converge as enabled in a bicameral

parliament would shift the paradigm. In such a scenario Knesset Kattan (upper house) would be

responsible for approving law, Knesset Gadol (the existing lower house) responsible for drafting

law and the executive branch under the Prime Minister responsible for administering and

executing law.

The Tourism Benefit

Toward a positive referendum, momentum for economic growth can be characterized in termssynergistic with the vision of Israel’s postexilic future. The present desire of local and state

government is for 10 million tourists to arrive in Israel each year from the present 3.5 million.

The presently stated requirement is an additional 19000 hotel rooms to be constructed in

Jerusalem in order to accommodate 5 million tourist arrivals. Although enormous potential

exists, the complexity of the task requires a detailed knowledge, much of which can be

understood through the work of the Jerusalem 5800 team. Ultimately the limit to tourism arrivals

in Israel is unknown because the expression of sovereignty in a bicameral government would

also allow Israel to resolve its cultural and religious prerogatives, which would significantly

increase tourism demand and boost the economy accordingly.

For every 1 million new tourists GDP increases $1.8 billion and includes at least 20,000 direct

jobs and 60,000 indirect jobs in employment classes which span unskilled and skilled labor

sectors. The future benefit to people in Israel and Jerusalem as a direct result of tourism is

arguably more significant than any other single industry sector. In addition to economic benefits,

tourists leave Israel with a realization of safety and security an orientation that counters the

dangerous image cast upon Israel every day in the global media. A bicameral government that

provides this stimulation and direction would finally re-establish Israel’s most important cultural,

religious and national icons and assets which would add significantly to the nation's economic

outlook.

Perhaps the promise of a restored, authentic Jerusalem competing with annual pilgrimage to the

Vatican or Mecca, where history and exploitation of narrative entertain visitors who can be

touched in ways never before imagined, is sufficient to motivate Israel’s secular and religious

communities to recognize and realize their awaiting benefit.

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Development Timetable

2013/5773 - 2016/5776 - Establish funding body; engage political science team; document

electoral and parliamentary framework; identify supporters and electoral candidates

2017/5777 - 2020/5780 - Educate Town Rabbi’s in the national framework; Publishcomprehensive outline for political path to referendum; educate nation on referenda; complete

referenda campaign plan; gather support; introduce for discussion and passage in Knesset

2021/5781 - 2025/5785 - Obtain endorsement of Chief Rabbi for bicameral nationwide

referendum at election; Intensify lobby; Election and result

2026/5786 - 2030/5790 - Formally appoint national body as Knesset upper house.

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