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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Jamal, Amal. "Constitutionalizing Sophisticated Racism: Israel's Proposed Nationality Law." Journal of Palestine Studies 45, no. 3 (2016): 40–51. http://dx.doi.org/10.1525/jps.2016.45.3.40.
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This essay analyzes the political motivations behind the Jewish Nation-State Bill introduced in the Knesset in November 2014, shedding light on the ascendancy of the Israeli political establishment's radical right wing. It argues that there were both internal and external factors at work and that it is only by examining these thoroughly that the magnitude of the racist agenda currently being promoted can be grasped. The essay also discusses the proposed legislation's long history and the implications of this effort to constitutionalize what amounts to majoritarian despotism in present-day Israel.
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Shehadeh, Raja. "From Jerusalem to the Rest of the West Bank: Israel's Strategies of Annexation." Review of Middle East Studies 53, no. 01 (April 29, 2019): 6–19. http://dx.doi.org/10.1017/rms.2019.7.
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AbstractSince 1967, despite international legal restrictions, Israel has sought to annex Eastern Jerusalem. Fifty-one years later, it publicly declared in its Nation State Law: “Jerusalem, complete and united, is the capital of Israel.” In the West Bank, Israel initiated on the ground changes that furthered annexation without formally declaring any part of it as annexed. For decades, Al-Haq has documented the gradual encroachment of occupation by successive Israeli administrations. And yet the Palestinian leadership failed to successfully utilize the law to support its case. Nor could the 190 states, parties to the Fourth Geneva Convention, be convinced to enforce the provision in the Convention which bids the High Contracting Parties to “ensure respect for the present convention in all circumstances.” During the Oslo negotiations, Israel succeeded in leaving Jerusalem and the Jewish settlements outside of the jurisdiction of the Palestinian Authority. Given these patterns across nearly a half-century of history, it seems likely that Israel will declare the full annexation of the West Bank in part or in its entirety precisely because it has succeeded in accomplishing this in the case of Jerusalem.
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Mohammad Zaki Abu Arra, Mohammad Zaki Abu Arra. "The International responsibility of Israeli Occupation for Natural Resources Exploitation in Palestinian Territories: المسؤولية الدوليّة للاحتلال الإسرائيليّ عن استغلال الثّروات الطبيعيّة في الأراضي الفلسطينيّة." مجلة العلوم الإقتصادية و الإدارية و القانونية 5, no. 23 (December 27, 2021): 114–91. http://dx.doi.org/10.26389/ajsrp.v070421.
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The Israeli Occupation tends from the first moment of occupying Palestinian lands to seize and loot all the natural wealth and resources depriving the Palestinians of exploitation them and sovereignty on them by its executive, legislative and military policies despite INALIENABLE RIGHT in the rules of international law and the resolutions United Nations that caused severe effects and damages on the Palestinians. After the General Assembly of the United Nations recognition of the state of occupied Palestine on 29/11/2012 and becoming an observer member state which is considered as a very important step to put The State of Palestine in the frame of international law which enables it to join international entities that are under the United Nation system; joining Rome Statute of the International Criminal Court; It opens the way for the prosecution of the Israeli occupation for its multiple crimes such seizing and wasting the Palestinian natural wealth and to demand compensation for the full damage caused to wealth, the loss of profit and income on the Palestinian state; They are the axes that the research aims to shed light on.
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Shany, Yuval. "Redrawing Maps, Manipulating Demographics: On Exchange of Populated Territories and Self-Determination." Law & Ethics of Human Rights 2, no. 1 (January 1, 2008): 1–25. http://dx.doi.org/10.2202/1938-2545.1022.
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In “The Blessing of DepartureExchange of Populated Territories The Lieberman Plan as an Abstract Exercise in Demographic Transformation,” Prof. Timothy Waters offers a strong endorsement of the right of ethnic majorities within a state to redefine their state's boundaries in ways consistent with the majority's right to self-determination and to opt out of a political union with minority groups, regardless of the latter's' political preferences. Applied to the Israeli context, Waters concludes that parts of the Lieberman Plana plan advocating the redrawing of Israel borders, inter alia, in ways which exclude some areas populated by Israeli citizens belonging to the Arab-Palestinian minority (Israeli-Arabs)does not run afoul of international law (although Waters accepts that the Plan might be politically undesirable).This short response challenges two points that are central to Waterss analysis. First, that the right to self-determination of peoplesin particular, the right to external self-determination (i.e., the right to create independent or other types of polities that express the will of an identifiable people)is subject to temporal or contextual limitations. The right is fully applicable only in exceptional and formative moments in the life of a natione.g., during the formation of a new polity or the collapse of an existing political arrangement (which invites the configuration of new political entities in their lieu), and when states systematically fail to respect the basic interest of some of the groups that comprise its populacei.e., in response to extraordinary situations of groups exclusion or oppression. Second, even if Waters is correct and an ongoing right to self-determinationincluding, a right to secede from existing statesis available to ethnic groups comprising diverse national societies, the invocation of such a right must necessarily be limited by other positive rules of international law designed to protect group and individual interests. Specifically, Waterss concept of self-determination as a right of a preliminary nature, that overrides other human rights (which are themselves often characterized as rights of a pre-political nature), is debatable.
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Cooper, Julie E. "In Pursuit of Political Imagination: Reflections on Diasporic Jewish History." Theoretical Inquiries in Law 21, no. 2 (July 28, 2020): 255–84. http://dx.doi.org/10.1515/til-2020-0014.
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AbstractIn recent years, scholars of Jewish politics have invested political hopes in the revival of “political imagination.” If only we could recapture some of the imaginativeness that early Zionists displayed when wrestling with questions of regime design, it is argued, we might be able to advance more compelling “solutions” to the Israeli-Palestinian conflict. Yet how does one cultivate political imagination? Curiously, scholars who rehearse the catalogue of regimes that Jews have historically entertained seldom pose this question. In this Article, I revisit a historical episode—the appropriation of diasporic historical narratives by Zionists in mandatory Palestine—in an effort to cultivate a richer political imaginary. I analyze the labor Zionist deployment of Simon Dubnow’s influential master narrative, focusing on a 1926 speech in which David Ben Gurion depicts the autonomist regime that he advocates as a variation upon diasporic political practices. On my reading, this episode illustrates the dilemmas that confront thinkers who invest political hopes in regime design. To realize the promise that new political configurations may emerge from reflections upon Jewish history, I argue, we must develop a new account of political agency, once foundational assumptions of the nation-state have been suspended.
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Ghanim, Honaida. "Israel's Nation-State Law." Critical Times 4, no. 3 (December 1, 2021): 565–76. http://dx.doi.org/10.1215/26410478-9355297.
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Sa'di, Ahmad H. "The Nation State of the Jewish People's Basic Law: A Threshhold of Elimination?" Journal of Holy Land and Palestine Studies 18, no. 2 (November 2019): 163–77. http://dx.doi.org/10.3366/hlps.2019.0213.
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The Nation State of the Jewish People's basic law, passed in July 2018, constitutes a landmark in the evolution of Israel's settler-colonial nationalism and self-presentation. The law underscores the shift Israel has made from aligning itself with the Western liberal order to embracing, even spearheading, a radical right-wing populist worldview. The Jewish exclusivity and racism that the law embodies, I argue, did not result from changes in Israel's political and demographic landscape in the last two decades. Rather their genesis could be traced back to the debates which took place soon after Israel's establishment. Since then the desire for Jewish exclusivity has not dwindled but had been masqueraded through ideas of Israel's inimitability. The article discusses the mutations of these debates and their legal and policy effects.
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Kontorovich. "A Comparative Constitutional Perspective on Israel's Nation-State Law." Israel Studies 25, no. 3 (2020): 137. http://dx.doi.org/10.2979/israelstudies.25.3.13.
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Cibuļs, Juris. "LATGALIANNESS – THE SECOND, ADDITIONAL OR THE ONLY NATIONAL IDENTITY." Via Latgalica, no. 4 (December 31, 2012): 126. http://dx.doi.org/10.17770/latg2012.4.1684.
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<p>The main objective of this article is to stress and to prove that the Latgalian national identity is the only national identity for a lot of citizens of Latvia and it is not the second or the additional identity that may be attributed only to secret service men inter alia.</p><p>My personal studies of official sources, literature and correspondence with officials of state institutions, etc. are at the basis of this article.</p><p>National identity is the person’s identity and sense of belonging to one state or to one nation, a feeling one shares with a group of people, regardless of one’s status of citizenship.</p><p>National identity is not inborn trait; various studies have shown that a person’s national identity is a direct result of the presence of elements from the „common points” in people’s daily lives: national symbols, language, national colours, the nation’s history, national consciousness, culture, music, cuisine, radio, television, etc.</p><p>There are cases where national identity collides with a person’s civil identity. For example, many Israeli Arabs associate themselves or are associated with the Arab or Palestinian nationality, while at the same time they are citizens of the state of Israel, which is in conflict with the Palestinians and with many Arab countries.</p><p>There are also cases in which the national identity of a particular group is oppressed by the government in the country where the group lives. A notable example was in Spain under the authoritarian dictatorship of Francisco Franco (1939–1947) who abolished the official statute and recognition for the Basque, Galician, and Catalan languages for the first time in the history of Spain and returned to Spanish (Castillian) as the only official language of the State and education, although millions of citizens of Spain spoke other languages.</p><p>During the first independence period of Latvia in the thirties, the schools of Latgale used Latgalian as the language of instruction during the first four years, Latgalian language was taught as a subject starting with the third year twice a week. After the coup d’état on May 15, 1934 the Latgalian textbooks were withdrawn from use and even burnt.</p><p>There is enough evidence to prove that the Latvian nationalist elite was very unwilling to accept the spread of Latgalian both during the first period of independence and the multinational Soviet rule. The positive expression of one’s national identity is patriotism, and the negative is chauvinism.</p><p>Latgalians are an autochthonous people living mostly in the eastern part of the contemporary Latvia. As regards Latgalian (it has been named in different ways – language, dialect, subdialect, foreign language, but it does not change the essence of the phenomenon) various resolutions, decrees etc. have been passed and adopted.</p><p>Participants of the 2nd Conference on Latgalistics (Rezekne, October 17, 2009) adopted the resolution „On the Status of a Regional Language to Be Attributable to the Latgalian Language”.</p><p>In accordance with the new Official Language Law enacted on September 1, 2000 the official language in Latvia is the Latvian language. Section 3 Paragraph 4 of the Law prescribes: „The State shall ensure the maintenance, protection and development of the Latgalian written language as a historic variant of the Latvian language.” However, it is a very formal statement. Strange as it may sound but the Senate of the Supreme Court of the Republic of Latvia has adopted a decision (August 18, 2009, Case No. A42571907 SKA-596/2009): „The Senate concludes that in the first sentence of Article 4 of the Satversme (the Constitution – J. C.) of the Republic of Latvia the concept „The Latvian language” means the Latvian literary language. It is the official language for the purpose of Section 110 of the Administrative Procedure Law. From the conclusion that for the purpose of Section 110 Paragraph I of the Administrative Procedure Law the official language is the Latvian literary language it follows that other subdialects or languages for the purpose of Section 110 Paragraph II of the Administrative Procedure Law are foreign languages and a document drafted in the Latgalian literary language is to be acknowledged as a document drafted in a foreign language. This decision is not to be appealed against.”</p><p>It took the Latgalian enthusiasts (I am one of them) seven years (2003–2010) to get the individual code for the Latgalian language. ISO 639/Joint Advisory Committee (Library of Congress, Washington) has finally attributed the code, namely, LTG.</p><p>Hopefully the Latgalian identity will not be swept away and this only identity for a lot of citizens of Latvia will be fought for and preserved also in the shadow of the so-called majority.</p>
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Wattad, Mohammed S. "The Nation State Law and the Arabic Language in Israel: Downgrading, Replicating or Upgrading?" Israel Law Review 54, no. 2 (June 7, 2021): 263–85. http://dx.doi.org/10.1017/s0021223721000078.
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Article 4 of the Nation State Law (NSL), entitled ‘Languages’, stipulates that Hebrew is the language of the state (Article 4(a)); the Arabic language has a special status in the state and regulating the use of Arabic in or by state institutions will be set in law (Article 4(b)); and this clause does not harm the status given to the Arabic language before the law came into effect (Article 4(c), the ‘validity of laws’ clause). The question is whether, how, and to what extent these provisions hinder the present legal status of the Arabic language in Israel. The legal status of Arabic had never been determined decisively before enactment of the NSL. The High Court of Israel has always been divided on this matter, particularly between judges who perceived Arabic as an official language and judges who deemed it solely as having been granted its acknowledged ‘special legal status’. Furthermore, the judges who perceived Arabic as an official language of the state were also in dispute among themselves as to the meaning, the scope and the consequences of such recognition. Considering these circumstances, my view is that the NSL perpetuates the legal status of Arabic as prescribed in the laws and case law that already existed, and that the validity of laws clause, coupled with the special status granted to Arabic in a basic law, suggests that the door is still open for the Court to further endorse the legal status of Arabic in Israel.
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Aburabia, Rawia. "FAMILY, NATION BUILDING, AND CITIZENSHIP: THE LEGAL REPRESENTATION OF MUSLIM WOMEN IN THE BAN AGAINST THE BIGAMY CLAUSE OF 1951." Journal of Law and Religion 34, no. 3 (December 2019): 310–31. http://dx.doi.org/10.1017/jlr.2019.43.
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AbstractThis article focuses on the representations and perceptions of Muslim Palestinian women as encapsulated by early Israeli legislation. The analysis is based on a close reading of the negotiations and discussions leading up to the criminalization of bigamy by the Israeli state and, in particular, those principal discussions surrounding the legislation of the Women's Equal Rights Law of 1951. Primary materials from the Israeli State Archives are used to reconstruct the debates in the Knesset, assess the legislation's intended effects on the Muslim Palestinian family, and trace the opposition to it fielded by the Palestinian religious leadership. The legislative process is dissected to expose the implicit and explicit patriarchal and nationalized underpinnings of the image of the “ideal family” fashioned by Israeli legislators. Despite their national divide, I argue, both the Israeli Knesset and the Muslim community leadership articulated women's roles in similarly distinctive national-patriarchal hues.
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Chowers, Eyal. "Israel’s ‘Nationality Law’: Reconsidering Settlement, Citizenship and Ethics in the Context of Occupation." Journal of Holy Land and Palestine Studies 21, no. 1 (April 2022): 72–98. http://dx.doi.org/10.3366/hlps.2022.0284.
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In 2018, the State of Israel enacted a new constitutional law: ‘BASIC LAW: ISRAEL-THE NATION STATE OF THE JEWISH PEOPLE’. The Law reflects diverse Zionist ideologies which were nevertheless all ‘land-centered’ rather than state-centered from an early stage; it reformulates that intellectual tradition, however, promoting Jewish settlements in conditions of occupation and celebrates, for the first time, settlement as the prime and exclusive goal of the state. Partly to facilitate this goal, and to further blur borders, the law also contracts the meaning and status of Palestinians’ citizenship in Israel, thus at least symbolically narrowing the (still significant) political-legal gap between these citizens and the Palestinians living in the West Bank. Finally, the Law seems to vacate the state from its ethical dimension and commitments as defined by its Declaration of independence (1948) — including its commitments to the democratic principles of political liberty for all and equality — thus manifesting the influence ruling and subjugating others through military government is having on Israel’s constitutional framework.
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Jamal, Amal, and Anna Kensicki. "Theorizing half-statelessness: a case study of the Nation-State Law in Israel." Citizenship Studies 24, no. 6 (March 22, 2020): 769–85. http://dx.doi.org/10.1080/13621025.2020.1745152.
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Agbaria, Ayman. "The Nation-State Law, Populist Politics, Colonialism, and Religion in Israel: Linkages and Transformations." Journal of Ecumenical Studies 56, no. 3 (2021): 347–62. http://dx.doi.org/10.1353/ecu.2021.0022.
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Harel, Alon. "Basic Law: Israel as the Nation-State of the Jewish People: Lessons for Particularistic and Universalistic Constitutional Legitimation." Studia Iuridica 82 (March 2, 2020): 101–14. http://dx.doi.org/10.5604/01.3001.0013.9613.
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The ‘Basic Law: Israel as the Nation-State of the Jewish People,’ passed by the Knesset on July 19, 2018. This Article describes the main provisions of the Basic Law; it discusses some of the past history leading to the legislation. It also provides some evaluation as to its effects and speculations concerning its future. Last I use this basic law to make a broader point concerning constitutional legitimation. More specifically I argue that there are two ways to gain constitutional legitimacy: representational and reasons-based. While particularistic values such as the ones entrenched in the basic law gain legitimacy from representation, universalistic values need not rest on representation. I conclude by arguing that given the failure to gain consensual support for the basic law it is an illegitimate attempt to entrench particularistic values in a divisive society. It is only by representing the public as a whole that this law can gain constitutional legitimacy.
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Kamir. "Basic Law: Israel as Nation-State—National Honor Defies Human Dignity and Universal Human Rights." Israel Studies 25, no. 3 (2020): 213. http://dx.doi.org/10.2979/israelstudies.25.3.18.
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Peleg. "Introduction to Israel Dialectics—The 2018 Basic Law: Israel as the Nation-State of the Jewish People." Israel Studies 25, no. 3 (2020): 132. http://dx.doi.org/10.2979/israelstudies.25.3.11.
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Saban, Ilan, and Muhammad Amara. "The Status of Arabic in Israel: Refiections on the Power of Law to Produce Social Change." Israel Law Review 36, no. 2 (2002): 5–39. http://dx.doi.org/10.1017/s0021223700012310.
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AbstractThe status of Arabic in Israel gives rise to question. Israel is a rare case of an ethnic nation-state that grants the language of minority group with a legal status which isprima facieone of equality. Both Hebrew and Arabic are the official languages of the State of Israel. What are the reasons for this special state of affairs? The answer is threefold: historic, sociological and legal. In various ways the potential inherent in the legal status of Arabic has been depleted of content, and as a result of that, as well as other reasons, the socio-political status of Arabic closely resembles what you would expect the status of a language of a minority group in a state that identifies itself as the state of the majority group to be. This answer, however, is another source of puzzlement – how does such a dissonance between law and practice evolve, what perpetuates it for so long, is change possible, is it to be expected?We present an analysis of the legal status of Arabic in Israel and at the same time we proceed to try and answer the questions regarding the gap between the legal and the sociopolitical status of Arabic. We reach some of our answers through a comparison with the use of law to change the status of the French language in Canada. One of these answers is that given the present constellation in Israel, the sociopolitical status of Arabic cannot meaningfully be altered by legal means.
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FUKURAI, Hiroshi. "The Decoupling of the Nation and the State: Constitutionalizing Transnational Nationhood, Cross-Border Connectivity, Diaspora, and “National” Identity-Affiliation in Asia and Beyond." Asian Journal of Law and Society 7, no. 1 (February 2020): 1–4. http://dx.doi.org/10.1017/als.2019.26.
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AbstractSince the first Asian Law and Society Conference (ALSA) was held at the National University of Singapore (NUS) in 2016, a number of special sessions have been organized to focus on the deconstruction of the Westphalian transnational order based on the concept of the “nation-state.”1 This dominant hegemony was predicated on the congruence of the geo-territorial boundaries of both the state and the nation, as well as the “assumed integration” of state-defined “citizenship” and another distinctly layered “membership” based on culture, ethnic, religious, and indigenous affiliations. The “nation-state” ideology has thus masked a history of tensions and conflicts, often manifested in the form of oppression, persecution, and genocide directed at the nation and its peoples by the state and its predatory institutions. Our studies have shown that such conflicts between the nation and the state have been observed in multiple regions in Asia, including Kashmir in India; Moro and Islamic communities of Mindanao in the Philippines; Karen, Kachin, and other autonomous nations in Myanmar; West Papua, Aceh, Kalimantan, South Moluccas, Minahasa, and Riau in Indonesia; Kurds in multiple state systems of Iraq, Syria, Turkey, and Iran; and Palestine in Israel, among many other culturally autonomous nucleated communities in Asia and across the world.2 The phrase “the nation and the state” was specifically chosen to distinguish and highlight the unique conflictual histories of two geo-political entities and to provide a fundamentally differing interpretation of history, geography, the role of law, and global affairs from the perspectives of nation peoples, rather than from that of the state or international organizations, as traditional analyses do. The Westphalian “nation-state” hegemony led to the inviolability of the state’s sovereign control over the nation and peoples within a state-delimited territory. The state then began to engage in another predatory project: to strengthen and extend its international influence over other states and, thus, the nations within these states, by adopting new constitutional provisions to offer cross-border “citizenship” to diasporic “ethnic-nationals” and descendants of “ex-migrants” who now inhabit foreign states. The nations have similarly capitalized on constitutional activism by erecting their own Constitutions to explore collaboration with other nations, as well as diasporic populations of their own, in order to carve out a path toward the nations’ independence within, and even beyond, the respective state systems. The “constitutional” activism sought by the state and the nation has become an important political vehicle with which to engage in possible collaboration with diasporic “ethno-nationals” and ex-migrant communities, in order to further assert political influence and strengthen trans-border politics of the state and the nation. Three articles included in this issue investigate such constitutional activism of cross-border politics and transnational collaborations in Asia, the Americas, Europe, and other regions across the globe.
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KOBELIANSKA, Oksana I., Tamara K. KOMARNYTSKA, Yuliia S. KUZMENKO, Svitlana M. MAZUR, and Viktoriia O. FILONOVA. "Language Situation and Language Legislation of Ukraine in the Context of Experience of the Countries with Similar Historical Background." Journal of Advanced Research in Law and Economics 9, no. 8 (December 2, 2019): 2643. http://dx.doi.org/10.14505//jarle.v9.8(38).14.
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The paper highlights the peculiarities of language legislation in Ukraine as compared to the corresponding laws of some other countries that have experienced similar language problems concerning the abuse of the national language and forcing the language of the invader. Special attention has been paid to the description of the language laws of Latvia, Lithuania and Republic of Korea as compared to the newly adopted language law of Ukraine. The text of the laws on the languages of Latvia, Lithuania, Republic of Korea and Ukraine were the material of the study. As a supporting material, the texts of the constitutions of Latvia, Ukraine, Moldova, as well as Basic Law: Israel – The Nation-State of the Jewish People, the language law of France, the European Charter for Regional Languages, were used. Many common features have been observed in language legislation of the above-mentioned countries. However, Ukraine seems to have a number of problems concerning implementation of the legislative decisions related to financial issues as well as sporadic character of legal procedures which leads to lack of real legislative mechanisms of language conflict regulation and state control of language legislation implementation.
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Iannario, Eleonora. "Shaping Citizenship in a Globalized World." McGill GLSA Research Series 2, no. 1 (October 25, 2022): 15. http://dx.doi.org/10.26443/glsars.v2i1.181.
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Citizenship and membership in a nation state may constitute a significant element of identity. Every society looks for the legitimacy of the principles governing it within its own origins. Therefore, cultural diversity is synonymous with juridical and ethical difference, which can range from the recognition of several sources of legitimacy of law to a different relationship between these sources. In the legal sphere, each society’s constant pursuit of its own origins has its greatest expression in the rules of citizenship chosen. For example, the provision of citizenship tests within the EU Member States’ naturalization policies bears witness to this attitude, strengthening the requirements to obtain the citizenship. In fact, during the last decade, the European Union has experienced the rise of test-based forms of integration and this indicates the adaptation of the legal system to increasing flows of migration. Similarly, in the Middle East, the State of Israel represents a paradigmatic case of how the survival of cultural ties is nowadays maintained in granting citizenship. This also highlights how the national law adapts to the historical context in order to allow the respect of economic, political and social rights. Against the perceived Jewish diaspora, indeed, the State of Israel established the Law of Return (ḥok ha-shvūt), namely every Jew has the right to return and obtain, along with citizenship, other facilities to rebuild his life there (‘aliyah). Could these two approaches from Western Europe and the Middle East testify to a strong state sovereignty in choosing their ideal citizens? In conclusion, the purpose of the paper is to show how naturalization policies are deeply influenced by historical, cultural and social elements. Could therefore these naturalization systems be considered anachronistic in the context of the XXI century globalized world?
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Zeedan. "Reconsidering the Druze Narrative in the Wake of the Basic Law: Israel as the Nation-State of the Jewish People." Israel Studies 25, no. 3 (2020): 153. http://dx.doi.org/10.2979/israelstudies.25.3.14.
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Beeri, Itai, and Magnús Árni Skjöld Magnússon. "Governance Relations in Small Nations: Competition vs. Cooperation and the Triple Role of Big Cities." Lex localis - Journal of Local Self-Government 17, no. 2 (April 30, 2019): 267–84. http://dx.doi.org/10.4335/17.2.267-284(2019).
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This article examines and compares governance relations of big cities in relatively small nation states in Reykjavík, Iceland, and Tel Aviv, Israel. The international literature has extensively explored governance at the municipal and national levels. We aim to enlarge this discussion by examining the unique role, experience and dynamics of large, dominant cities vis-à-vis other governance entities in the era of local governance. Using a grounded theory approach we suggest the frameworks of 'building strong nations', new localism, and 'cooperation versus collaboration' to enlighten nation-big city, state-big city and big city-city governance relations, respectively. We employed a qualitative design, using textual analysis and in-depth interviews with both state and local actors in the two countries. The results show that in both countries examined, dominant cities are required to fill a unique triple role: as leading cities in their metropolitan areas, in their respective states, and in their respective nations. Yet the two cases also differ in important ways. While Reykjavík is the head of a well-functioning community of co-producers, Tel Aviv is closer to a local jungle, where competition and competing interests prevent effective cooperation. Implications of the findings are discussed in the era of local governance.
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Abiri, Gilad. "Intimate Rivals: The Freedom of Religious Nationalism." Asian Journal of Law and Society 8, no. 1 (February 2021): 19–43. http://dx.doi.org/10.1017/als.2020.52.
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AbstractIn this article, I argue that religious nationalism poses a unique challenge to the liberal theory of religious freedom. In arguing this, the article first develops and defines an ideal type of religious nationalism through an analysis of Hindu-nationalist and religious Zionist thought. I show that religious nationalism in states like India and Israel have the unique status of intimate rivals. They are intimate since they are able to successfully present themselves as the carriers of the authentic character of the nation-state and utilize modern political tools. As a result, they are free of much of the unifying pressures of state nationalism. And they are rivals because they promote a vision of society and politics that fundamentally challenges the political identity of the state. The paper then turns to the justifications and rationales of religious freedom—both in seminal cases and in political and legal scholarship—and applies them to religious nationalism. It argues that the status of intimate rivalry should, depending on which justification of religious freedom we adhere to, change the way in which we morally and legally understand religious nationalism. First, because religious nationalism is intimate—that is, acceptable and mainstream—it should be approached as a part of the culture of the majority. This implies that we should be less concerned about infringements of religious freedom in the case of the adherents and organizations of religious nationalism. Second, the rivalry of religious nationalism is in itself a good reason for the nation-state not to accommodate it.
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Bar-On, Arnon. "Citizenship, Social Rights, and the Ethnic State: The Case of Structural Discrimination against Arab Children in Israel." Journal of Social Policy 23, no. 1 (January 1994): 1–19. http://dx.doi.org/10.1017/s0047279400021292.
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In a world of nation states, citizenship, or full membership of the social and political community, has a three-fold relationship to the supply and demand of public welfare. First, in the liberal tradition that society exists to serve its members, citizenship offers moral justification for the state's concern for individual citizens (Harris, 1987; Jordan, 1989). Second, since citizenship confers a form of equality of status on members of the community (Marshall, 1963), it must be assumed that the state university applies to these members whatever distributive standards it adopts (Macedo, 1990). Finally, and as a consequence of the other two relationships, citizenship is one of the primary bases for claims on the economic resources of the state (King & Waldron, 1988; Barry, 1990, p. 4).
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Shamshad, Muhammad, and Farooq Arshad. "FAILURE OF ORGANIZATION OF ISLAMIC COOPERATION: A CASE OF DISMAL STATE OF HUMAN RIGHTS IN KASHMIR AND PALESTINE." Margalla Papers 25, no. 2 (December 31, 2021): 47–60. http://dx.doi.org/10.54690/margallapapers.25.2.72.
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A profound observation of human rights endorses democratic norms, socio-political stability, economic prosperity, and the rule of law. Almost all developed states ensure their citizens with the protection of fundamental rights, and, in return, community plays a critical role in nation-building. Many human rights activists and organizations highlight the shortcomings behind the promulgation of laws for human security and plan to maintain security. Some developing states have failed to copy the developed states' human rights policy framework, especially regarding the protection of human rights. They are either trying to deprive their minorities of fundamental rights or confiscating their territories while pushing them into deteriorated conditions. India and Israel are two prominent examples of this connection. This study, therefore, analyses how India is dealing with its minorities, especially Muslims in illegally occupied Jammu and Kashmir. It also calls attention to the expansionist policy of Israel, disposing of Palestinians from their territory, thus experiencing the worst form of human rights violations. The Organization of Islamic Cooperation (OIC) has also forgotten the objectives of its formation. Its leadership is dormant, which has paved the way for India and Israel to inflict more aggression on innocent Muslims. The study suggests that OIC leadership should be more active, saving Muslims from the worst kinds of human rights violations. Bibliography Entry Shamshad, Muhammad, Farooq Arshad. 2021. "Failure of Organization of Islamic Cooperation: A Case of Dismal State of Human Rights in Kashmir and Palestine." Margalla Papers 25 (2): 47-60.
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Shamshad, Muhammad, and Farooq Arshad. "FAILURE OF ORGANIZATION OF ISLAMIC COOPERATION: A CASE OF DISMAL STATE OF HUMAN RIGHTS IN KASHMIR AND PALESTINE." Margalla Papers 25, no. 2 (December 31, 2021): 47–60. http://dx.doi.org/10.54690/margallapapers.25.2.72.
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A profound observation of human rights endorses democratic norms, socio-political stability, economic prosperity, and the rule of law. Almost all developed states ensure their citizens with the protection of fundamental rights, and, in return, community plays a critical role in nation-building. Many human rights activists and organizations highlight the shortcomings behind the promulgation of laws for human security and plan to maintain security. Some developing states have failed to copy the developed states' human rights policy framework, especially regarding the protection of human rights. They are either trying to deprive their minorities of fundamental rights or confiscating their territories while pushing them into deteriorated conditions. India and Israel are two prominent examples of this connection. This study, therefore, analyses how India is dealing with its minorities, especially Muslims in illegally occupied Jammu and Kashmir. It also calls attention to the expansionist policy of Israel, disposing of Palestinians from their territory, thus experiencing the worst form of human rights violations. The Organization of Islamic Cooperation (OIC) has also forgotten the objectives of its formation. Its leadership is dormant, which has paved the way for India and Israel to inflict more aggression on innocent Muslims. The study suggests that OIC leadership should be more active, saving Muslims from the worst kinds of human rights violations. Bibliography Entry Shamshad, Muhammad, Farooq Arshad. 2021. "Failure of Organization of Islamic Cooperation: A Case of Dismal State of Human Rights in Kashmir and Palestine." Margalla Papers 25 (2): 47-60.
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Słowiński, Konrad. "Zagraniczny wymiar polityki historycznej Prawa i Sprawiedliwości (2015–2019)." Studia Polityczne 49, no. 4 (March 16, 2022): 177–200. http://dx.doi.org/10.35757/stp.2021.49.4.08.
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From the very beginning, the main goals of the Law and Justice (PiS) party were to strengthen the independent existence of the Republic of Poland and the country’s international position, as well as to spread patriotic attitudes and strengthen the social and national solidarity of Poles. For party members, the subjects of patriotism and national remembrance were among the key elements in maintaining the national cohesion of Poles, and raising the level of civilization and the quality of life of the entire society. In the external dimension (related to the influence of the past on the image of Poland in the modern world and the shaping of the image of the state and its nation), the party’s politics were reduced to a few basic assumptions. The first was to restore the awareness of Polish history and Poland’s importance in Europe, as well as to describe and universalize the Polish experience in the international arena as an essential component of the European tradition. The second assumption of PiS’s politics of memory was to oppose the attempts to relativize responsibility for the crimes of World War II, as well as to argue with all actions aimed at a moral and historical revision of the position of the Polish state and nation, whether from Germany and, more broadly, from international actors and the Russian Federation. The last assumption of these politics was to build good relations with Israel and the Jewish diaspora, particularly in the United States, which the party leaders perceived as a symbol and guarantee of security, as well as a source of rapid economic development.
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Mulder, Nicholas. "The Trading with the Enemy Acts in the age of expropriation, 1914–49." Journal of Global History 15, no. 1 (February 13, 2020): 81–99. http://dx.doi.org/10.1017/s1740022819000342.
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AbstractThis article examines one of the most consequential legal–political models for the confiscation of private property in the twentieth century: the Trading with the Enemy Acts (TEAs). Two laws with this name were passed in Britain (1914) and the United States (1917), enabling the large-scale expropriation of ‘enemies’ and ‘aliens’. The extra-territorial application of these laws during the era of total war led to the globalization of its paradigm of expropriation in Latin America, Asia, and Africa. The TEAs made the administrative process of dispossession effective and profitable for liberal states. The US law was repurposed for domestic use during the New Deal, while its British counterpart played an unforeseen role during decolonization and the great partitions of the late 1940s, as the nascent nation-states of India, Pakistan, and Israel used it to constitute themselves as territorial and economic units by taking land and property from ‘evacuees’ and ‘absentees’. The article provides a short history of these four national cases in their international context and argues that the history of the TEAs shows that state-driven mass expropriation was much more common throughout the mid twentieth century than usually supposed; the ‘age of extremes’ was also in part an ‘age of expropriation’.
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Czapliński, Władysław. "Palestine v. US before the International Court of Justice?" Polish Review of International and European Law 8, no. 2 (August 20, 2020): 47–75. http://dx.doi.org/10.21697/priel.2019.8.2.02.
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In December 2017, the administration of President D. Trump decided to move the US embassy in Israel from Tel Aviv to Jerusalem. On 28.09.2018, Palestine initiated proceedings against the US in connection with the said transfer. According to the ICJ Statute, only the parties of concern can take part in the case before the Court. However, it does open the way for non-member countries that had presented a declaration of submission to the Court’s jurisdiction, to observe. If there are any doubts as to the validity or effects of the declarations, they are decided by the ICJ. In the present case, doubts are connected, in particular, with the status of Palestine as a State, with the status of Jerusalem and with the participation in the proceedings of all interested parties. It is unclear whether Palestine meets the criteria of statehood under international law,and the nation is far from being universally recognized. Nor may the GA Resolution 67/19 be viewed as sufficient collective recognition. Furthermore, we do have reasonable doubt as to whether this is sufficient collective recognition to be essentially constitutive of Palestine’s statehood. This situation is not changed by the acceptance by Palestine of the jurisdiction of the ICC nor accession to UNESCO and to a number of international treaties. On the other hand, the jurisdiction of Israel with respect to East Jerusalem is also disputed. Certain international bodies, including the UNSC, have expressed doubts equally regarding the incorporation of Jerusalem into Israel or that Palestine has claim to the city. The mere submission of a claim by Palestine does not prejudge the existence of a legal title to Jerusalem. The legitimation of Palestine to bring to international court a claim is thus disputable under the law on state responsibility. It is probable that the ICJ would avoid rendering a decision on merits of the dispute, doing so by referring to the principle of Monetary Gold that was formulated by the ICJ in a judgment on 15.06.1954 in a dispute between Italy, on the one hand, and Great Britain, France and the US, on the other. The subject of the dispute was the fate of gold owned by the National Bank of Albania, plundered by Germany in Rome in 1943.In accordance with an arrangement concluded at the Paris Conference on German reparations (14.01.1946), all gold found in Germany that was known to have been plundered was to be returned in proportional shares to the States concerned. In the case of Albania, however, difficulties appeared in connection with two issues: claims by some States (in particular Italy) resulting from nationalisation of the National Bank of Albania, and compensation in favour of the UK due to the ICJ judgement in the Corfu Channel. It was disputable whether the gold belonging formerly to Albania could be redistributed among the unsatisfied claimants without the consent of the Albanian State. The Tribunal avoided the problem and decided that it lacked jurisdiction. It refused to render judgment in a situation in which Albania did not participate in the trial; on the other hand, the ICJ has indicated on what terms Albania could join the proceedings. Albania did not meet the conditions, and the Court decided that it was unable to continue the proceeding.
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Bullock, Katherine. "Editorial." American Journal of Islam and Society 21, no. 2 (April 1, 2004): i—iv. http://dx.doi.org/10.35632/ajis.v21i2.1792.
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As this issue goes to press, the Muslim world is reeling from a number ofevents: President Bush has reversed decades of American foreign policy tocome out in favor of Israel’s annexation of huge swaths of the West Bank;Israel continues to murder top Hamas leaders in Palestine; in Afghanistan,Karzai is having trouble administering a country that is slipping back to thepre-Taliban war-lord era, and violence continues to escalate in an increasinglydestabilized Iraq. Bush’s insistence that the so-called “war on terror”is for the sake of freedom rings increasingly hollow, and the United States,under his administration, appears to be a major catalyst for instability ratherthan stability in the world. When I think of Bush and his team, I cannot helpbut recall the Qur’anic verse that says: “When it is said to them: ‘Make notmischief on the earth,’ they say: ‘We are only ones that put things right.’ Ofa surety, they are the ones who make mischief, but they realize (it) not”(2:11-12).The Bush administration’s responses to the tragic carnage of 9/11 hasunleashed mayhem in the Muslim world that is reminiscent not of thetwentieth century, but of the nineteenth, in which the European powersattempted to colonize the Middle East, Africa, and Asia. Thus, Salem’sarticle, in a finely nuanced analysis of Jamal al-Din al-Afghani’s andRashid Rida’s responses to European colonialism, has reverberations intoday’s climate. Salem’s main argument is that al-Afghani and Ridaadvanced similar political programs on three different levels: fightingcolonialism, establishing modern Islamic states, and calling for itjihad inthe interpretation and implementation of Islamic law. It is hard not to seethe Muslim world’s present condition reflected in their struggles nearly acentury ago, and thus to feel a special relevance in studying the lives andworks of these two influential nineteenth-century figures. What were theissues they reflected upon? What were their conclusions, observations, andsuggestions? What worked and did not work for them? Salem’s article isvery instructive in this regard.One of the thorniest issues alal-Afghani and Rida attempted to addresswas the relationship and compatibility between a modern nation-state andan Islamic state. To what extent were these complementary or ...
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Childs, David, Jane McDermid, Kirsten E. Schulze, Geoffrey Alderman, Garrath Williams, Paul Gilbert, Chantal Mouffe, M. L. R. Smith, Robert Bideleux, and Steve Smith. "Book Reviews: British Politics since the War, The Reordering of British Politics: Politics after Thatcher, Authoritarianism and Democratisation in Postcommunist Societies, Vol. 1: The Consolidation of Democracy in East-Central Europe, Vol. 2: Politics, Power, and the Struggle for Democracy in South-East Europe, Vol. 3: Democratic Changes and Authoritarian Reactions in Russia, Ukraine, Belarus, and Moldova, Vol. 4: Conflict, Cleavage, and Change in Central Asia and the Caucasus, Hizb'Allah in Lebanon: The Politics of the Western Hostage Crisis, The Palestinian Intifada, Armed Struggle and the Search for State: The Palestinian National Movement, 1949–93, The Second Republic: Politics in Israel, The Israeli Labour Party: In the Shadow of the Likud, Getting What You Want? A Critique of Liberal Morality, Restructuring the Global Military Sector, Vol. 1: New Wars, Restructuring the Global Military Sector, Vol. 2: The End of Military Fordism, Carl Schmitt's Critique of Liberalism: Against Politics as Technology, Popular Sovereignty and the Crisis of German Constitutional Law: The Theory and Practice of Weimar Constitutionalism, Legality and Legitimacy: Carl Schmitt, Hans Kelsen and Hermann Heller in Weimar, Black and Green: The Fight for Civil Rights in Northern Ireland, the Origins of the Present Troubles in Northern Ireland, the Serbs: History, Myth and the Destruction of Yugoslavia, Yugoslavia as History: Twice There Was a Country, Croatia: A Nation Forged in War, between Serb and Albanian: A History of Kosovo, Kosovo: A Short History, Agency, Structure and International Politics: From Ontology to Empirical Inquiry." Political Studies 47, no. 4 (September 1999): 755–68. http://dx.doi.org/10.1111/1467-9248.00230.
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Harel, Alon. "Basic Law: Israel as the Nation State of the Jewish People." Nationalities Papers, March 24, 2020, 1–8. http://dx.doi.org/10.1017/nps.2019.127.
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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.
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Campbell, Amy. "lliberal Democracy: the Case of Democratic Erosion." Columbia Undergraduate Research Journal 5, no. 1 (April 29, 2021). http://dx.doi.org/10.52214/curj.v5i1.7451.
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This paper uses Israel’s 2018 Nation-State Law, which guarantees the “ethnic-religious character of Israel as exclusively Jewish,” as a lens to reveal the ongoing socio-political change in Israel and processes of democratic erosion. In addition to having immediate relevance for contemporary Israeli policy, especially concerning the status of Arab Israelis and the likely annexation of the West Bank, the law poses a profound, existential challenge for the maintenance of Israel as a democratic state. Drawing on Fareed Zakaria’s theory of “illiberal democracy,” this paper analyses the implications of this law for Israel, for the linked concepts of liberalism and democracy, and for the future of the democratic state in an increasingly illiberal world. The law is a culmination of other basic laws and political thresholds, and accelerates settler colonialism. Gaining more international attention than previous basic laws, the political thresholds prior to the Nation-State Law and cumulative legislation building up to the debate have been ignored. Analysing these thresholds will reveal the efficacy of supporting such a law and using nationhood provisions in other Western democratic constitutions as justification. This paper is a warning: to act upon seemingly insignificant anti-democratic legislation before political actions become irreparable. The law is a culmination of other basic laws, political thresholds, and accelerates settler colonialism. Gaining more international attention than previous basic laws, direct discriminatory implications on Arab minorities as well as powerful legal consequences, the political thresholds prior to the Nation-State Law and cumulative legislation building up to the debate have been ignored. This paper will hopefully reveal the efficacy of supporting such a law and using the nationhood provisions in other constitutions in Western democracies as justification. This paper is a warning: to act upon seemingly insignificant anti-democratic legislation before political actions become irreparable.
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Samuel, M. T. "The Palestinian human right to full Israeli citizenship: Between settler colonialism and a hard place." Frontiers in Political Science 4 (December 12, 2022). http://dx.doi.org/10.3389/fpos.2022.978240.
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This article examines the significance of a legal analysis supporting the recognition of a Palestinian human right to Israeli citizenship for the advancement of equality in Israel-Palestine. It does so by assessing the workings of Israeli citizenship in accordance with the theoretical frameworks of the nation-state and settler colonialism and in light of the one-state reality. The article demonstrates the importance of treating the two frameworks as complementary, rather than mutually exclusive, in analyses involving Palestinian rights. It argues that the struggle for Palestinian equality is not only a legal one but also a moral one, the success of which depends upon a nuanced understanding of the functioning of law in settler colonialism.
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Huppert, Uri. "Nation-State law – Is it Really a well Thought-Out law? Is It a Party manifesto or a Parliamentary act?" Krytyka Prawa 14, no. 1 (March 15, 2022). http://dx.doi.org/10.7206/kp.2080-1084.512.
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The author offers an analysis of the controversial Israeli Nation-State Law of 2018 and B. Netanyahu’s involvement in its adoption. He claims that its ideas manifest Netanyahu’s desire to depart from the state-centred, social democratic, and liberal views advocated by Ben Gurion. This desire stems from his strong disagreement with Israel’s founder’s claim and belief that secularism is a guarantee that Israel does not fall into the same trap as the leaders of the bicentennial Crusades – which ultimately failed. The author of the paper makes an insightful comparison of this law with the contents of Point 13 of Thomas Woodrow Wilson’s 1918 plan – a docu-ment from exactly 100 years before, designed to shape Europe after victory in the war against Russia, Prussia, and Austria-Hungary, on whose lands an independent Polish state was to be established.
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Huppert, Uri. "Ustawa o narodzie – czy na pewno jest to ustawa przemyślana? To manifest partyjny czy ustawa parlamentarna?" Krytyka Prawa 14, no. 1 (March 15, 2022). http://dx.doi.org/10.7206/kp.2080-1084.511.
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The author offers an analysis of the controversial Israeli Nation-State Law of 2018 and B. Netanyahu’s involvement in its adoption. He claims that its ideas manifest Netanyahu’s desire to depart from the state-centred, social democratic, and liberal views advocated by Ben Gurion. This desire stems from his strong disagreement with Israel’s founder’s claim and belief that secularism is a guarantee that Israel does not fall into the same trap as the leaders of the bicentennial Crusades – which ultimately failed. The author of the paper makes an insightful comparison of this law with the contents of Point 13 of Thomas Woodrow Wilson’s 1918 plan – a docu-ment from exactly 100 years before, designed to shape Europe after victory in the war against Russia, Prussia, and Austria-Hungary, on whose lands an independent Polish state was to be established.
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Jamal, Amal. "Jewish sovereignty and the inclusive exclusion of Palestinians: Shifting the conceptual understanding of politics in Israel/Palestine." Frontiers in Political Science 4 (November 9, 2022). http://dx.doi.org/10.3389/fpos.2022.995371.
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This article explores the dynamics of Jewish sovereignty when dealing with the massive presence of millions of Palestinians in its sphere of power. It does so by looking at foundational Israeli documents. Two of the best to serve our goal are the Israeli Declaration of Independence (IDI), adopted in 1948, and the Basic Law—Israel: The Nation State of the Jewish People (Nation-State law) enacted in 2018. The aim is not to compare and contrast the two documents as much as to deduce the deep meaning of Jewish sovereignty embedded in them, and its ramifications on the Palestinian presence in the land this sovereignty dominates. It is argued that the two foundational documents establish an underlying differentiation between dissimilar realms of existence. Whereas they construct Jewish presence as dynamically sovereign, they render Palestinians as threatening strangers who should be subordinated or silenced to be tolerated. This means that the documents explicate the main characteristics of Jewish sovereignty. They also implicitly relate to the treatment of the Palestinians, whether considering the periods before or after 1967. To achieve its goal, the article utilizes Jacques Derrida's concept of differance, demonstrating that the Israeli strategy is best understood as the discursive and practical effort to establish differences between different groups of Palestinians and exploit the gaps between these differences to sustain its control over the millions of them who live in the realm of Jewish sovereignty. It shows that differance is about enforcing gaps between forms of being in the world. These forms are best articulated through the differentiation introduced by Martin Heidegger between the “worldless,” “the poor in world,” and the “world forming.”
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Moseley, Carys. "Reinhold Niebuhr's Approach to the State of Israel: The Ethical Promise and Theological Limits of Christian Realism." Studies in Christian-Jewish Relations 4, no. 1 (April 21, 2011). http://dx.doi.org/10.6017/scjr.v4i1.1517.
Full textAbstract:
Reinhold Niebuhr’s support for the foundation of the state of Israel is argued to be an expression of his Christian realism, and as such is based on his ethics but not his theology. The first section assesses Niebuhr’s support for Jewish return to the Land of Israel in relation to modern protestant and Jewish support for relocation of the Promised Land back from America to British Mandate Palestine. The second section demonstrates that Niebuhr’s support for Zionism grew out of his threefold moral, political and theological realism. This meant taking into account Israel’s relation to the United States, and increasingly evidenced a national supersessionist outlook. The third section argues that this shift was undertaken via the role of the temporarily messianic nation, whereby the USA replaced Israel as a nation with a mission. In the fourth section, it is argued that the natural theology that underlies Niebuhr's ethics constitutes a 'Hebraic' turn which is ironic given that he does not ground his Zionism in the covenant with Abraham. The last section argues that Niebuhr’s support for Israel’s foundation needs to be understood within his reconstruction of natural law, along with his critique of the fusion of nationalism and religion in the Israeli-Palestinian conflict. As Niebuhr’s approach to Israel was based on ethics not dogmatic theology and exegesis, and as it became part of a notion of America as messianic, it failed to be passed on adequately to the mainline protestant churches.
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Mercan, M. Hüseyin. "Reconsidering the Palestine Issue in the Shade of Israel’s Expanding Sovereignty Claim." New Middle Eastern Studies 8, no. 2 (January 19, 2019). http://dx.doi.org/10.29311/nmes.v8i2.3058.
Full textAbstract:
The Palestine question is among the most important and longstanding conflicts in the world. A lasting solution could not be found and problems have multiplied after the foundation of the State of Israel in 1948, mainly because the sovereignty of the Palestinian people has been disregarded. Though the conflict includes complex issues such as the legal status of Jerusalem, the refugees’ right to return to their ancestral lands and the rapid increase in Jewish settlements; the root of the problem is the lack of an equal sovereign rights approach for both sides. The Palestine issue has been rendered more and more tragic over the years as Israel does not permit the Palestine Authority to exercise its sovereign rights in its own lands and the international community refrains from imposing sanctions on Israel despite its continuous violations of international law and UN (United Nations) resolutions. Especially as a result of Israel’s recent policies towards expanding its sovereignty claims over the entire Palestinian territory, an even darker period seems to cloud Palestine’s sovereignty in the near future. This study claims that the source of the longstanding Israel-Palestine conflict is the inequality in exercising sovereign rights between the two parties and discusses how Israel’s expansionist activities may shape the Palestine issue in the forthcoming years. Furthermore, the study scrutinizes how the “Jewish Nation State Basic Law” – that was recently approved by the Israeli parliament – will sabotage the ongoing search for peaceful solutions and it may destroy all hopes for establishing a lasting peace between the two peoples in the foreseeable future.