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Basic Law: Israel as the Nation State of the Jewish People

Published online by Cambridge University Press:  24 March 2020

Alon Harel Open the ORCID record for Alon Harel [Opens in a new window]
Alon Harel*
Affiliation:
Hebrew University of Jerusalem, Jerusalem, Israel
*
*Corresponding author. Email: [email protected]
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Abstract

Basic Law: Israel as the Nation State of the Jewish People declares that Israel is the nation state of the Jewish people. It also includes several symbolic and operative provisions which are designed to strengthen the Jewish character of the state. The Basic Law purports to legally define and entrench the particular rather than universal values of Israel—the values that distinguish Israel from other nations rather than those that are shared by other nations. It anchors the Jewish identity of the state in its formal constitutional structure. My aim in this article is to present the history of the constitutional evolution of Israel and then to describe the conservative reactions to the constitutional liberalization of Israel. Then, I turn to examine the Basic Law, its provisions, and the arguments of advocates and opponents. Last, I evaluate its impact on the Israeli legal system. I shall argue that the Basic Law is part of a systematic attack on democratic liberties in Israel that may eventually transform Israel from a liberal democracy to an authoritarian democracy.

Keywords

citizenshipdemocracyminority rightsnationalismnational identity
Type
Special Issue Article
Information
Nationalities Papers , Volume 49 , Issue 2: Special Issue on Conceptualizing and Operationalizing Identity, Race, Ethnicity, and Nationality by Law , March 2021 , pp. 262 - 269
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Copyright
© Association for the Study of Nationalities 2020

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References

Barak-Erez, Daphne. 1994. “From an Unwritten to a Written Constitution: The Israeli Challenge in American Perspective.” Columbia Human Rights Law Review 26 (309).Google Scholar
Barak-Erez, Daphne. 2009. “Broadening the Scope of Judicial Review in Israel: Between Activism and Restraint.” Indian Journal of Constitutional Law 8 (3): 118–136.Google Scholar
Basic Law: Israel as the Nation State of the Jewish People. 2018. The Knesset. https://knesset.gov.il/laws/special/eng/BasicLawNationState.pdf. (Accessed January 29, 2020.)Google Scholar
Basic Law: Human Dignity and Liberty. 1992. The Knesset. http://knesset.gov.il/laws/special/eng/BasicLawLiberty.pdf. (Accessed January 29, 2020.)Google Scholar
Basic Law: Freedom of Occupation. 1994. The Knesset. https://www.knesset.gov.il/laws/special/eng/basic4_eng.htm. (Accessed January 29, 2020.)Google Scholar
Brandes, Tamar Hostovsky. 2017. “Citizenship and Social Solidarity: Israel “Loyalty Citizenship” Laws as a Test Case.” Politics, Groups and Identity 6: 39–58.CrossRefGoogle Scholar
Strenger, Carlo. 2011. “The Glue Holding Netanyahu’s Coalition: Hatred for Liberal Values.” Haaretz Daily Newspaper, July 20. https://www.haaretz.com/1.5031536. (Accessed April 18, 2019.)Google Scholar
Gavison, Ruth. 2006. “Legislatures and the Quest for a Constitution: The Case of Israel.” Review of Constitutional Studies 11 (2): 345–400.Google Scholar
Center for Israel Education. 2018. “Harari Proposal Passes, Ending Propserts for an Israeli Constitution.” Center for Israel Education, n.d. https://israeled.org/harari-proposal-constitution/. (Accessed January 29, 2020.)Google Scholar
Sommer, Allison Kaplan. 2018. “Basic Law or Basically a Disaster? Israel’s Nation-State Law Controversy Explained.” Haaretz Daily Newspaper, August 6. https://www.haaretz.com/israel-news/.premium-israel-s-nation-state-law-controversy-explained-1.6344237. (Accessed April 18, 2019.)Google Scholar
Kretzmer, David. 1992. “The New Basic Laws on Human Rights: A Mini-Revolution in Israeli Constitutional Law?” Israel Law Review 26 (2): 238–246.CrossRefGoogle Scholar
Lintl, Peter, and Wolfrum, Stefan. 2018. “Israel’s Nation-State Law: Netanyahu Government Lays the Foundations for a Majoritarian System.” SWP Comment 2018/C 41, October. https://www.swp-berlin.org/en/publication/israels-nation-state-law/. (Accessed April 18, 2019.)Google Scholar
Lis, Jonathan, and Landau, Noa. 2018. “Israel Passes Controversial Jewish Nation-State Bill after Stormy Debate.” Haaretz Daily Newspaper, July 19. https://www.haaretz.com/israel-news/israel-passes-controversial-nation-state-bill-1.6291048. (Accessed April 18, 2019.)Google Scholar
Law, Nakba. 2011. Adalah: The Legal Center for Arab Minority Rights in Israel, n.d. https://www.adalah.org/en/law/view/496. (Accessed January 29, 2020.)Google Scholar
Navot, Suzi. 2007. Constitutional Law of Israel. The Netherlands: Aspen Publishers.Google Scholar
Newman, Marissa, and Wootlif, Raoul. 2017. “Minister: New judges Will Restore Right-wing Trust in High Court.” The Times of Israel, February 23. https://www.timesofisrael.com/justice-minister-new-judges-will-restore-right-wing-trust-in-high-court/. (Accessed April 19, 2019.)Google Scholar
Novik, Akiva. 2017. “Forty Eight Members of Knesset Voted in Favor: The “Basic Law: Israel as a Jewish State” Passes in Preliminary Vote.” [In Hebrew.] The News 13, October 5. http://10tv.nana10.co.il/Article/?ArticleID=1245494. (Accessed April 18, 2019.)Google Scholar
Prusher, Ilene. 2018. “A New Law Shifts Israel Away From Democracy.” Time, July 24. http://time.com/5345963/israel-nation-state-law-democracy/. (Accessed April 18, 2019.)Google Scholar
Roznai, Yaniv. 2017. Unconstitutional Constitutional Amendments: The Limits of Amendment Powers. Oxford: Oxford University Press.Google Scholar
Roznai, Yaniv. 2018. “Israel: A Crisis of Liberal Democracy.” In Constitutional Democracy in Crisis, edited by Graber, Mark, Levinson, Sanford, and Tushnet, Mark, 355–376. Oxford: Oxford University Press.Google Scholar
Segev, Joshua. 2007. “Who Needs a Constitution: In Defense of the Non-Decision Constitution-Making Tactic in Israel.” Albany Law Review 70 (2): 409–489.Google Scholar
Shaked, Ayelet. 2016. “The Path to Democracy and Governance.” [In Hebrew.] Hashiloach 54: 1–37.Google Scholar
Smooha, Sammy. 2002. The Model of Ethnic Democracy: Israel as a Jewish and Democratic State. Nations and Nationalism 8: 475.CrossRefGoogle Scholar
“United Mizrahi Bank v. Migdal Cooperative Village CA 6821/93.” 1995. Versa: Opinions of the Supreme Court of Israel. http://versa.cardozo.yu.edu/opinions/united-mizrahi-bank-v-migdal-cooperative-village. (Accessed April 18, 2019.)Google Scholar
Yonatan, Ratosh. 1943. “An Essay to the Hebrew Youth.” [In Hebrew.] https://shnizi.wordpress.com/noarivri/. (Accessed April 18, 2019.)Google Scholar