Critics of Israel’s Nation-State Law Misunderstand the Country’s Constitutional System

Passed on July 19 after years of controversy and debate, the law declaring Israel “the nation state of the Jewish people” has caused no small amount of outrage—most of which, writes Evelyn Gordon, is the product of sheer ignorance:

Some of the criticism [of the law] is justified; a law that manages to unite virtually the entire Druze community against it, despite this community’s longstanding support for Israel as a Jewish state in principle, clearly wasn’t drafted with sufficient care, as even the heads of two parties that backed the law—Jewish Home’s Naftali Bennett and Kulanu’s Moshe Kaḥlon—now admit. Nevertheless, much of the criticism stems from a fundamental misunderstanding of Israel’s constitutional system.

Israel doesn’t have a constitution. What it has is a series of Basic Laws to which the Supreme Court unilaterally accorded constitutional status. Many people, myself included, disagree with that decision, inter alia because constitutional legislation should reflect a broad consensus, whereas many Basic Laws were approved by only narrow majorities or even minorities of the Knesset. Nevertheless, both sides in this dispute agree on one thing: each Basic Law is merely one article in Israel’s constitution or constitution-to-be. They cannot be read in isolation, but only as part of a greater whole.

Consequently, it’s ridiculous to claim that the nation-state law undermines democracy, equality, or minority rights merely because those terms don’t appear in it, given that several other Basic Laws already address these issues. The new law doesn’t supersede the earlier ones; it’s meant to be read in concert with them.

Several Basic Laws, including those on the Knesset, the government, and the judiciary, detail the mechanisms of Israeli democracy and enshrine fundamental democratic principles like free elections and judicial independence. There are also two Basic Laws on human rights, both of which explicitly define Israel as a “Jewish and democratic state.” . . . Thus to argue that the nation-state law is undemocratic because it doesn’t mention equality or minority rights is like arguing that the U.S. Constitution is undemocratic because Articles I and II confer broad powers on the legislature and executive without mentioning the protections enshrined in the Bill of Rights.

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More about: Druze, Israel & Zionism, Israel's Basic Law, Israeli politics

No, Israelis and Palestinians Can’t Simply Sit Down and Solve the “Israel-Palestinian Conflict”

Jan. 17 2019

By “zooming out” from the blinkered perspective with which most Westerners see the affairs of the Jewish state, argues Matti Friedman, one can begin to see things the way Israelis do:

Many [in Israel] believe that an agreement signed by a Western-backed Palestinian leader in the West Bank won’t end the conflict, because it will wind up creating not a state but a power vacuum destined to be filled by intra-Muslim chaos, or Iranian proxies, or some combination of both. That’s exactly what has happened . . . in Gaza, Lebanon, Syria, and Iraq. One of Israel’s nightmares is that the fragile monarchy in Jordan could follow its neighbors . . . into dissolution and into Iran’s orbit, which would mean that if Israel doesn’t hold the West Bank, an Iranian tank will be able to drive directly from Tehran to the outskirts of Tel Aviv. . . .

In the “Israeli-Palestinian” framing, with all other regional components obscured, an Israeli withdrawal in the West Bank seems like a good idea—“like a real-estate deal,” in President Trump’s formulation—if not a moral imperative. And if the regional context were peace, as it was in Northern Ireland, for example, a power vacuum could indeed be filled by calm.

But anyone using a wider lens sees that the actual context here is a complex, multifaceted war, or a set of linked wars, devastating this part of the world. The scope of this conflict is hard to grasp in fragmented news reports but easy to see if you pull out a map and look at Israel’s surroundings, from Libya through Syria and Iraq to Yemen.

The fault lines have little to do with Israel. They run between dictators and the people they’ve been oppressing for generations; between progressives and medievalists; between Sunnis and Shiites; between majority populations and minorities. If [Israel’s] small sub-war were somehow resolved, or even if Israel vanished tonight, the Middle East would remain the same volatile place it is now.

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More about: Hizballah, Iran, Israel & Zionism, Israeli-Palestinian Conflict, Middle East