The Likud and White Blue provide opposite statements about the legal issues, which are currently delaying the signing of unity, but what prevents an agreement is mainly mistrust • Interpretation

Since the 20th Knesset was dispersed at the end of December 2018, we have witnessed a dreadful spectacle of polarization and hatred. The three election campaigns we have undergone since have intensified this phenomenon. The success of the Likud-Blue negotiations can serve as a turning point for the era of forgiveness and reconciliation.

Gantz: "This is our moment of truth, history will not forgive those who escape the emergency government" // Photo: Go Live

For a long time, the contacts between the Likud and the Blue and White reflected the unbearable tears in Israeli society. The disqualification was blatant and extreme. It dims slightly only after the fracture in white and blue. 

Mutual suspicion slowed progress, but did not stop it. The parties agree on the principle of equality in important government, cabinet and ministries; On the exchange of roles between Netanyahu and Gantz a year and a half later; And even the need for coordination on highly sensitive issues. In recent days, discussions between the parties have been about the details and the way to ensure the existence of the agreement through legislation.

Here, unanimity was revealed when it came to the judiciary's intervention in the realization of the coalition agreement. The parties did not focus on the essence of the settlement arrangements, but on the legislative text that would ensure this would not be rejected by the High Court. Blue and white asked for legislation to ensure the rotation arrangement. Netanyahu's suspicion in this regard was based on arguments that the prime minister had broken political agreements in the past.

The Likud wanted to ensure that Netanyahu was not rejected by the High Court in contravention of the agreement between the parties, and in contrast to explicitly write in the Basic Law: The Government regarding ministers, and much more emphatically and unequivocally about the Prime Minister. The Likud's issues and issues are enshrined in controversial High Court decisions In the past. Thus, for example, even the Pangashi-Dari rule was explicitly contrary to the law.

At the declarative level, the parties' positions with regard to the opposite judiciary are reversed, but now it is time to appear and it seems that Gantz and Netanyahu have a common interest in preventing unnecessary High Court intervention. Undoubtedly, many petitions have been filed, both with regard to constitutional changes and with regard to Netanyahu's appointment as head of government. 

In recent days, I spoke with some of the greatest constitutional law in Israel, including staunch opponents of Netanyahu and followers of judicial activism. All expressed support for constitutional arrangements that would enable the agreement to be fulfilled. We have nothing but to wish for the Supreme Court to rise to the size of the hour, to consider things in a balanced and constructive way and to enable not only the agreement to be fulfilled, but also the national reconciliation that the new government can promote. 

The Corona crisis illustrated what we always knew. The tribes that live in this land share a common destiny. Mutual resentment is not without foundation, but open heart and soul deserve more today than ever. May a government be established that will bring us a spirit of tolerance, reconciliation and cooperation that has been withheld from us for so long.

Prof. Abraham Diskin is Head of the School of Administration, Governance and Law at the Gates of Science and Law Academic Center