Background: Referendum law would apply to "border adjustments" - but referendum avoidable via elections

Dr. Aaron Lerner
IMRA
09 December 09

While most discussions of the proposed referendum law relate to its being applied to the case of a deal involving the Golan or Jerusalem, the law also would apply to border adjustments - no matter how small - as long as they entail transferring sovereign Israeli territory.

While the proposed law requires a national referendum in the instance that less than 80 MKs support transferring sovereign Israeli territory, the referendum would not be required if elections are held.

"Despite what is written in Paragraph 3(A), the Knesset approved the Government decision as per Paragraph 2, and within 180 days from the day that the Knesset approved [AL: with less than 80 MKs] there are Knesset elections, a national referendum will not be held; The said Government decision will be considered as if it was approved by a national referendum on the thirtieth day after the formation of the Government that was formed after the election, or at an earlier date that the Government decided on it, unless it decided to cancel said Government decision as per Paragraph 2."

The explanatory commentary accompanying the proposed law takes the position that the Knesset elections would in effect be a national referendum since it would no doubt be a major issue of the election campaign.

But - and this could be a very big but - nothing would stop a ruling coalition that came to power by promising voters that "a vote for party X is a vote against deal Y" from defying its mandate and declining to cancel the previous Government's decision within the 30 days.

In fact, since the prime minister has absolute control over the agenda of cabinet meetings, he can simply refuse to bring up cancellation of the previous Government's decision to a vote for 30 days.

And this when, no doubt, the prime minister would be facing tremendous world pressure not to cancel the decision.

Far fetched?

Hardly. And the media would no doubt praise the prime minister for acting responsibly".

Related: Special-majority referendum on territorial concessions advancing democracy & peace
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