Does the Absence of Constitution Lead to Conflict between Governance and Identity?

Democracy

The issue investigated here is whether religion and politics can co-exist in a social environment where there is no separation between State and religion. The research explores the intricate relationship between religion, governance, and societal dynamics in Israel's political landscape – which serves as a model of a society that was established and remains bounded its religious context and history. It examines the influence of religious ideology on the dynamics of politics, particularly wielded by religious political parties to maintain power as a means to advance religious agenda. One of the most critical consequences of this volatile environment is the lack of a formal constitution. The religious-political conflict has resulted in a framework of Basic Laws and historical agreements, accommodating religious practices within its legal system. However, this structure leads to tensions between secular and religious interpretations of the law and to constant political instability. One of the main compromises is the multi-party system which is based on proportional representation and amplified ideological attachments shape voter behavior and policy formation. Coalition-building essential for governance is implemented through alliances with religious parties and granting them significant influence over policies, notably on contentious issues such as military conscription exemptions and funding for religious education. Since Orthodox Judaism holds considerable sway in matters of personal status, society is deeply divided along secular and religious lines, leading to conflicts over state funding for religious institutions and the role of religious authorities in public life, including limitations on the rights of non-Orthodox denominations. The absence of a formal constitution challenges governance, law, and societal cohesion, resulting in political instability and uncertainty, jeopardizing minority rights, and exacerbating social tensions. The paper argues that establishing a constitution could provide stability, protect rights and freedoms, and promote social cohesion, although achieving consensus on a constitution requires navigating complex political dynamics and engaging stakeholders collaboratively.

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