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

 

Israel’s Nation-State Law and the Hysteria of the Western Media

Aug. 17 2018

Nearly a month after it was passed by the Knesset, the new Basic Law defining Israel as “the nation-state of the Jewish people” is still causing outrage in the American and European press. The attacks, however, are almost uniformly incommensurate with this largely symbolic law, whose text, in the English translation found on the Knesset website, is barely over 400 words in length. Matthew Continetti comments:

Major journalistic institutions have become so wedded to a pro-Palestinian, anti-Benjamin Netanyahu narrative, in which Israel is part of a global trend toward nationalist authoritarian populism, that they have abdicated any responsibility for presenting the news in a dispassionate and balanced manner. The shameful result of this inflammatory coverage is the normalization of anti-Israel rhetoric and policies and widening divisions between Israel and the diaspora.

For example, a July 18, 2018, article in the Los Angeles Times described the nation-state law as “granting an advantageous status to Jewish-only communities.” But that is false: the bill contained no such language. (An earlier version might have been interpreted in this way, but the provision was removed.) Yet, as I write, the Los Angeles Times has not corrected the piece that contained the error. . . .

Such through-the-looking-glass analysis riddled [the five] news articles and four op-eds the New York Times has published on the matter at the time of this writing. In these pieces, “democracy” is defined as results favored by the New York Times editorial board, and Israel’s national self-understanding as in irrevocable conflict with its democratic form of government. . . .

The truth is that democracy is thriving in Israel. . . .  The New York Times quoted Avi Shilon, a historian at Ben-Gurion University, who said [that] “Mr. Netanyahu and his colleagues are acting like we are still in the battle of 1948, or in a previous era.” Judging by the fallacious, paranoid, fevered, and at times bigoted reaction to the nation-state bill, however, Bibi may have good reason to believe that Israel is still in the battle of 1948, and still defending itself against assaults on the very idea of a Jewish state.

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More about: Israel & Zionism, Israel's Basic Law, Israeli democracy, Media, New York Times