Relevant bibliographies by topics / Israeli nation-state law

Academic literature on the topic 'Israeli nation-state law'

Author: Grafiati
Published: 10 December 2022
Last updated: 28 January 2023

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Journal articles on the topic "Israeli nation-state law"

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Jabareen, Hassan, and Suhad Bishara. "The Jewish Nation-State Law." Journal of Palestine Studies 48, no. 2 (2019): 43–57. http://dx.doi.org/10.1525/jps.2019.48.2.43.

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This analysis explores the origins and constitutional implications of Basic Law: Israel – The Nation State of the Jewish People (hereafter the Jewish Nation-State Law), enacted by the Israeli Knesset in July 2018. It examines the antecedents of the legislation in Israeli jurisprudence and argues that most of the law's provisions are the product of precedents established by Israel's Supreme Court, specifically the court's rulings delivered post-Oslo. The authors contend that the “two states for two peoples” vision of so-called liberal Zionists paved the way for Israel's right-wing politicians to introduce this law. Their analysis holds that the law is radical in nature: far from being a mere continuation of the status quo, it confers unprecedented constitutional status on ordinary policies and destabilizes the prevailing legal distinction between the area within the Green Line and the 1967 occupied territories.
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Jamal, Amal. "Israel's New Constitutional Imagination: The Nation State Law and Beyond." Journal of Holy Land and Palestine Studies 18, no. 2 (November 2019): 193–220. http://dx.doi.org/10.3366/hlps.2019.0215.

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The following analysis of the Israeli Nation State law reflects on the emerging new constitutional imagination in Israel. It argues that this Zionist imagination mirrors the deep sociological and political changes taking place in Israeli society. The hegemonic political elites have transformed the Israeli constitutional identity from one based on constructive legal ambiguity into one rooted in exclusive ethno-theological values. The latter stands in direct negation of the Zionist constitutional formula promoted by the founding fathers of the State as embodied in the 1948 Declaration of Independence. This rhetoric of the Declaration of Independence incorporated liberal values, in spite of the fact that the Labour Zionist political elite of the time was not fully committed to the practical meanings of these values. The current hegemonic elite in Israel views such a veiling strategy as not only unnecessary, but also as hazardous.
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Ben-Youssef, Nadia, and Sandra Samaan Tamari. "Enshrining Discrimination: Israel's Nation-State Law." Journal of Palestine Studies 48, no. 1 (2018): 73–87. http://dx.doi.org/10.1525/jps.2018.48.1.73.

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In July 2018, the Israeli Knesset passed Basic Law: Israel – The Nation-State of the Jewish People (Nation-State Law). This article highlights three of the law's central premises: the entrenched supremacy of Jewish settlers; the erasure of indigenous Palestinians; and, with reference to borders, the effective annexation of those parts of historic Palestine that were occupied in 1967. The authors reflect on the passage of the law within a broader history of settler colonialism and in the current global context of growing authoritarianism and overt institutionalized racism. The passage of such a colonial piece of constitutional legislation in 2018 is a testament to the continued resistance of Palestinians and the growing movement for Palestinian rights. The authors argue that the alternative to the exclusionary Nation-State Law, a rights-based, people-centered framework, is a promising avenue to not only secure Palestinian rights, but also advance a universal struggle for equality and historical justice.
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Masri, Mazen. "Colonial imprints: settler-colonialism as a fundamental feature of Israeli constitutional law." International Journal of Law in Context 13, no. 3 (February 15, 2017): 388–407. http://dx.doi.org/10.1017/s1744552316000409.

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AbstractMany constitutional questions in Israel are dealt with through the lens of the nation-state paradigm where the state is constitutionally associated with an ethnically and religiously defined majority group. Thus, many of the challenges that face Israeli society and the legal system are often presented as a result of an exceptionally antagonistic majority–minority relationship in a nation-state. This paper offers a novel way of analysing the Israeli constitutional regime using the framework of settler-colonialism. It argues that adding the settler-colonial lens will help better understand many features of Israeli constitutional law. Drawing on theoretical frameworks developed by theorists of colonialism, the paper explores a number of foundational aspects of Israeli constitutional law and demonstrates how they were shaped, and continue to be shaped, by settler-colonialism. The paper argues that settler-colonialism is one of the central features that animate Israeli constitutional law.
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d'Evereux, Veronika. "K postavení menšin na území státu izrael v kontextu mezinárodního práva a zákona o národním státě." AUC IURIDICA 67, no. 3 (September 13, 2021): 129–52. http://dx.doi.org/10.14712/23366478.2021.29.

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The New Israeli Basic Law that was adopted in 2018 called “Israel – the Nation State of the Jewish People” divided the Israeli society. Part of the inhabitants accepted this law with enthusiasm because of its emphasis on the reasons why the State of Israel was established. On the contrary, the more secular part of Israeli society, as well as the minority citizens, strongly objected to this law and described it as an unjust disregard of the non-Jewish citizens, an act of racial discrimination or even an apartheid. The aim of this paper is mainly to examine selected provisions of this law, i.e., the provisions related to the Israeli citizens, under public international law and find out to what extent these legal provisions are in accordance with or in contrary to international law.
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Khater, Akram, and Jeffrey Culang. "EDITORIAL FOREWORD." International Journal of Middle East Studies 48, no. 4 (September 30, 2016): 631–33. http://dx.doi.org/10.1017/s0020743816000799.

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This issue centers on two predominant themes: space, boundaries, and belonging from the end of empire to the early nation-state era; and the relationship between political discourse, political praxis, and values. The first section, “Belonging, Boundaries, and Law,” opens with Asher Kaufman's article, “Belonging and Continuity: Israeli Druze and Lebanon, 1982–2000,” on the spatial perceptions and practices of communities in the Middle East under the nation-state. Kaufman observes that only over the past few decades have scholars of the post–World War I order in the region begun to question “the ‘nation-state’ as the natural geographical and political unit of analysis.” Using Druze citizens of Israel before, during, and after Israel's occupation of South Lebanon as his case, he readjusts the lens toward substate, suprastate, and trans-state dynamics. Until the establishment of the State of Israel in 1948, Druze communal and religious networks had spanned the whole of bilād al-shām, but these were radically interrupted by Israel's emergence as a bounded polity whose borders with its neighbors were reputedly sealed. This rupture precipitated the emergence of an Israeli Druze community that, isolated from broader Druze communal life and institutional frames, was expected to be loyal to the new state. Eschewing a national frame, Kaufman reveals how Druze, despite these obstacles, actually maintained “crossborder ties through marriage, licit and illicit trade, and religious practices.” Paradoxically, it was Israel's invasion of Lebanon in 1982 and its eighteen-year occupation of the South that allowed for a resumption of pre-1948 spatial practices, though these were complicated by Israeli Druze's multiple and sometimes conflicting allegiances. Such practices, restricted again after the Israeli withdrawal of 2000, continued in limited fashion until the start of the Syrian Civil War, which has propelled Israeli Druze to organize politically in support of Druze in Syria. Observing that the Druze continue to live in state and suprastate spatial scales, Kaufman proposes “using the concept ‘hybrid spatial scale’ as a tool for studying communities such as the Druze that operate on multiple territorial scales.”
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Lentin, Ronit. "‘No Woman's Law Will Rot this State’: The Israeli Racial State and Feminist Resistance." Sociological Research Online 9, no. 3 (August 2004): 68–78. http://dx.doi.org/10.5153/sro.950.

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This paper employs social theory and empirical observation, juxtaposing Israel as a ‘racial state’ (Goldberg, 2002) and the concept of femina sacra, a female version of Agamben's homo sacer or ‘bare life’ (Agamben, 1998), to think about some aspects of Israeli feminist peace activism since the onset of the second Intifada. Although Israeli feminist peace activism seems to discursively vacillate between essentialist motherhood narratives and subversive draft resistance practices, reading draft resistance narratives of young Israeli women conscripts, the paper tentatively suggests that where the state positions itself above morality, while evoking morality in its defence, feminist ‘peace activism’ in Israel/Palestine, though providing a potent counter-narrative to the Zionist narration of nation, does not destabilise the racial state, which is apparently gradually destroying itself while wilfully destroying its Others. I conclude by asking whether morally positioning itself in contrast to the racial state, such resistance can be theorised as gendered.
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Waxman and Peleg. "The Nation-State Law and the Weakening of Israeli Democracy." Israel Studies 25, no. 3 (2020): 185. http://dx.doi.org/10.2979/israelstudies.25.3.16.

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Likhovski, Assaf. "Peripheral Vision: Polish-Jewish Lawyers and Early Israeli Law." Law and History Review 36, no. 2 (February 21, 2018): 235–66. http://dx.doi.org/10.1017/s0738248017000669.

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Some of the founding fathers of Israel's legal system were lawyers educated in Polish law schools. What was the impact of this background on their legal thought? There are few explicit references to Polish law in Israeli legal texts. However, indirectly, legal and constitutional ideas taken from Polish law did appear in Israeli law. This article focuses on the legal writing of four Israeli lawyers in the period immediately after Israel's independence in 1948, showing how Polish law was used by these lawyers as a source for occasional precedents, for critiquing Israeli law (dominated by English law), and, mostly, for constitutional precedents.The relatively greater impact of Polish law in the constitutional realm can be attributed to the fact that Poland (like other new countries established in the interwar period in the periphery of western Europe, such as Ireland) offered Israeli lawyers constitutional models that were both more modern, and more relevant to the specific circumstances of the new state, where religion played an important role in defining the identity of the nation. The history of the impact of Polish law on Israeli law can thus serve as an example of interwar constitutional innovation in the European periphery, and its later impact on post-World War II constitutional law.
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Barzilai, Gad. "Analysis of Israelis [Jews and Arab–Palestinians]: exploring law in society and society in law." International Journal of Law in Context 11, no. 3 (August 6, 2015): 361–78. http://dx.doi.org/10.1017/s1744552315000191.

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AbstractAttributing a great deal of attention to global and local knowledge, this paper is focused on law and society scholarship that has been published by Israelis, both Jewish and Arab-Palestinians. It attempts to unveil and to map some of the major issues that have characterised the scholarly debates and intellectual discourse, primarily critical questions on law and political power, the nation-state, legal rights discourse and equality. More specifically, the paper analyses socio-legal research on various local issues, such as multiculturalism and national rifts on the backdrop of the 1967 military occupation alongside the emergence of a neoliberal capitalist economy. The protracted Arab-Palestinian–Israeli conflict and the fragmentation of the political partisan map in Israel have incited more emphasis on the place of the Israeli Supreme Court, primarily sitting as a High Court of Justice, in public life as an important regulatory institution. This focus on the judicial power of the Court has resulted in an even more frantic controversy on whether the Court has become too engaged in political affairs. In all the law and society debates, local concepts and global knowledge have been intertwined. Hence, the paper enables scholars around the world to closely examine law and society scholarship on the convergence of local and global knowledge.
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Dissertations / Theses on the topic "Israeli nation-state law"

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Ferro, Afifa Eve Kheir. "Codeswitching as an Index and Construct of Sociopolitical Identity: The Case of the Druze, Christians and Muslims in Israel." Thesis, 2020. http://hdl.handle.net/2440/129581.

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Research into codeswitching, generally defined as alternating between two (or more) different languages in the same conversation, has been flourishing over the last few decades. Yet, especially in the field of social, political and collective identity, much is still open for investigation. Although codeswitching research has benefited from the development of models and theories, there is a certain gap in the scholarly literature when it comes to a model that further illustrates the link between codeswitching and sociopolitical identity. Moreover, research into Palestinian Arabic¹ and the dominance of Israeli Hebrew² in Israel and its effect on the Arab and Druze sectors and their language is still in its infancy. Consequently, the present thesis by publication has developed a new model of codeswitching and sociopolitical identity, while examining the various aspects of codeswitching behaviour among the Israeli Arab Muslim, Christian and Druze sectors. The findings show clear different codeswitching behaviours across the different sectors, and that such variance has a link to sociopolitical identity, which subsequently has brought about the introduction of the new model. The present thesis by publication consists of four articles. The first has been published, the second has been revised for publication and the third and fourth have been submitted for publication and are currently being considered. In the first article, I have examined the language of the Druze community in Israel as going through the process of convergence and a composite Matrix Language formation, resulting in a mixed or split language, based on Myers-Scotton’s Matrix Language Turnover Hypothesis (2002). Longitudinal data of Palestinian Arabic/Israeli Hebrew codeswitching from the Israeli Druze community, collected in 2000 and 2017, indicate that there is a composite Matrix Language formation resulting in a mixed language. The second article presents the new mixed language and its special features upon application of Auer (1999) and Myers-Scotton’s (2003) theoretical models pertaining to mixed languages arising out of codeswitching. The third article examines the relationship between codeswitching and sociopolitical identity, while testing the various aspects of codeswitching among the Israeli Arab Muslim, Christian and Druze sectors. Drawing insights from intersubjective contact linguistics and indexicality, the paper attempts to offer a model that would facilitate the analyses of codeswitching as an index and construct of sociopolitical identity. Finally, the fourth article examines and compares language and identity among the Druze of the Golan Heights, who were moved from Syrian to Israeli control following the Six-Day War in 1967, and the Israeli Druze. In light of the notion of the interrelatedness of language, social-political situations and identity; this article examines the relationship between codeswitching, mixed varieties of language, sociopolitical situations related to the case study and identity, reporting on a comparative study of the Druze in the Golan Heights and the Druze in Israel. After the application of various theories and concepts from intersubjective contact linguistics, the paper shows how ‘sandwiched’ communities create new quasi-national identities and language varieties. ¹Palestinian Arabic, Palestinian Vernacular Arabic and Arabic will be used interchangeably to refer to the same variety. ²Israeli Hebrew, Israeli and Hebrew will be used interchangeably to refer to the same variety.
Thesis (Ph.D.) -- University of Adelaide, School of Humaninties, 2020
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Books on the topic "Israeli nation-state law"

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Literature, partition and the nation-state: Culture and conflict in Ireland, Israel and Palestine. Oxford U.K: Cambridge University Press, 2002.

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Cohen, Richard I., ed. Orit Rozin, A Home for All Jews: Citizenship, Rights, and National Identity in the New Israeli State, trans. Haim Watzman. Waltham: Brandeis University Press, 2016. 231 pp. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190912628.003.0059.

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This chapter reviews the book A Home for All Jews: Citizenship, Rights, and National Identity in the New Israeli State (2016), by Orit Rozin, translated by Haim Watzman. In A Home for All Jews, Rozin tells the complex story of an emerging society that absorbed hundreds of thousands of Jews during the first decade following independence. Rozin shows that the immigrants came not only in search of a home, but an identity as well. She also examines the mutual affinities between the struggle for civil rights and the shaping of national identity, as well as the connection between state and society and between nation-building and the formation of a state. Topics include the marriage of girls at a tender age, and the struggle that led to the adoption of the Age of Marriage Law in 1950; the campaign against the restrictions on travel abroad; and how nongovernmental organizations influenced the shaping of national identity and the perception of citizenship.
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Cleary, Joe, and Timothy Brennan. Literature, Partition and the Nation-State: Culture and Conflict in Ireland, Israel and Palestine. Cambridge University Press, 2005.

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Cleary, Joe. Literature, Partition and the Nation-State: Culture and Conflict in Ireland, Israel and Palestine. Cambridge University Press, 2009.

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Cleary, Joe. Literature, Partition and the Nation-State: Culture and Conflict in Ireland, Israel and Palestine. Cambridge University Press, 2001.

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Cleary, Joe. Literature, Partition and the Nation-State: Culture and Conflict in Ireland, Israel and Palestine (Cultural Margins). Cambridge University Press, 2001.

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Eisen, Robert. R. Abraham Isaac Kook. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190687090.003.0003.

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R. Abraham Isaac Kook (1865–1935) was Chief Ashkenazi Rabbi of Palestine before the creation of the state of the Israel and an immensely influential figure in religious Zionism. This chapter examines his correspondence with another rabbi regarding war, in which R. Kook argues that legitimate authority for waging war rests with any Jewish government that rules with the consent of the community. He justifies conscription on the premise that laws of war are different from those of everyday Halakhah; therefore a government can force an individual to risk his life in war for the sake of the nation, though compelling an individual to endanger himself to save others from harm is not normally allowed. In his discussion of discretionary war, R. Kook reveals an antipathy to war. R. Kook’s treatment of war in Halakhah is brief, but his positions had a big impact on later rabbis in religious Zionism.
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Book chapters on the topic "Israeli nation-state law"

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Maoz, Asher. "The Application of Religious Law in a Multi-Religion Nation State: The Israeli Model." In Religious Rules, State Law, and Normative Pluralism - A Comparative Overview, 209–27. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-28335-7_13.

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Navon, Emmanuel. "Israel’s Nation-State Law." In The Palgrave International Handbook of Israel, 1–13. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-2717-0_18-1.

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Calabresi, Steven Gow. "The State of Israel." In The History and Growth of Judicial Review, Volume 1, 311–36. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190075774.003.0009.

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This chapter studies the emergence of judicial review in Israel, which is a rights from wrongs reaction to the Holocaust, Nazism, and Fascism. Israeli judicial review did not arise to fulfill a need for a federalism or separation of powers umpire, since Israel is a unitary nation-state without a separation of powers system. Israeli judicial review emerged in weakened form as a consequence of the Zionist mass mobilization, which led to the creation of Israel and to the issuance of Israel’s Declaration of Independence, as is explained by Professor Ackerman. Israeli adoption of written constitutionalism and of judicial review was probably, in part, a function of borrowing. I consider, and reject, Professor Ran Hirschl’s argument that Israeli judicial review originated as a power grab by a fading Ashkenazi Israeli elite. I think that proportional representation has resulted in so many political parties holding seats in the Knesset that the Supreme Court has much more power relative to the legislature than is the case in a G-20 nation with a parliamentary, unitary with an electoral system like Japan’s. I also think Israel’s common law heritage contributed to its adoption of judicial review.
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Dalsheim, Joyce. "Before the Law There Stands a Jew." In Israel Has a Jewish Problem, 19–41. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190680251.003.0002.

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This chapter is framed by Kafka’s parable, “Before the Law,” which deals with the paradoxes of social inclusion. This chapter includes a number of stories gathered during fieldwork that demonstrate some of the seemingly strange ways in which Israeli Jews struggle over Jewishness. It raises questions about those who have purportedly already gained political liberation through the establishment of their own nation-state to consider what such liberation means. The chapter provides historical background about the paradoxes of assimilation for Jews in Europe, and about pre-state arrangements that are often cited as the foundations of current struggles over Jewishness in Israel.
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Leuenberger, Christine, and Izhak Schnell. "Map-Making for Building the Palestinian Nation-State." In The Politics of Maps, 170–95. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190076238.003.0008.

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Throughout the 20th century, the rise of the Zionist national movement paralleled the strengthening of the Palestinian national movement. The struggle of the Israelis and the Palestinians over Palestine also manifested itself in the history of surveying and mapping, and their respective rights to do so. After the Hagannah looted the Survey of Palestine, the Palestinians were left with few cartographic resources. The lack of maps of their own weakened their negotiating position during peace negotiations with Israel. Yet, it was not until the 1993 Oslo Accords that Palestinians had a mandate to develop the territory under their jurisdiction. Their attempt to establish the State of Palestine went hand in hand with their effort to survey and map their territory. Consequently, in an effort to produce maps of their own, various governmental and non-governmental organizations produced maps for both building the nation and establishing a state. Logo maps of historical Palestine served to enhance national belonging; and cartographic reconstruction of pre-1948 Palestine retraced an Arab toponomy of the land. Concurrently, maps for building the State of Palestine delineated the territory in line with international law, strengthening Palestinians’ case for territorial sovereignty. Such maps are also vital for governance, land allocation, and development. The lack of territorial sovereignty, restricted access to aerial photos at a suitable scale (due to Israeli restrictions), largely donor-funded mapping projects as well as the lack of a national mapping agency, however, encumber Palestinian mapping efforts to establish a state, that could ascertain the rights of otherwise stateless people.
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Bartal, Israel. "Who Needs the Nation-State Law?" In Defining Israel, 217–28. Hebrew Union College Press, 2018. http://dx.doi.org/10.2307/j.ctvd7w82b.14.

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Gavison, Ruth. "Reflections on the Nation-State Law Debate." In Defining Israel, 337–50. Hebrew Union College Press, 2018. http://dx.doi.org/10.2307/j.ctvd7w82b.25.

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Lord, Amnon. "Medina Yehudit and the Jewish Nation-State Law." In Defining Israel, 241–48. Hebrew Union College Press, 2018. http://dx.doi.org/10.2307/j.ctvd7w82b.17.

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Neuman, Kalman. "Religion, Religious Ideologies, and the Nation-State Law." In Defining Israel, 265–74. Hebrew Union College Press, 2018. http://dx.doi.org/10.2307/j.ctvd7w82b.19.

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Sapir, Gideon. "Was it Right to Pass a Nation-State Law?" In Defining Israel, 207–16. Hebrew Union College Press, 2018. http://dx.doi.org/10.2307/j.ctvd7w82b.13.

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