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.

Read more at Evelyn Gordon

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

Why Arab Jerusalem Has Stayed Quiet

One of Hamas’s most notable failures since October 7 is that it has not succeeded in inspiring a violent uprising either among the Palestinians of the West Bank or the Arab citizens of Israel. The latter seem horrified by Hamas’s actions and tend to sympathize with their own country. In the former case, quiet has been maintained by the IDF and Shin Bet, which have carried out a steady stream of arrests, raids, and even airstrikes.

But there is a third category of Arab living in Israel, namely the Arabs of Jerusalem, whose intermediate legal status gives them access to Israeli social services and the right to vote in municipal elections. They may also apply for Israeli citizenship if they so desire, although most do not.

On Wednesday, off-duty Israeli soldiers in the Old City of Jerusalem shot at a Palestinian who, it seems, was attempting to attack them. But this incident is a rare exception to the quiet that has prevailed in Arab Jerusalem since the war began. Eytan Laub asked a friend in an Arab neighborhood why:

Listen, he said, we . . . have much to lose. We already fear that any confrontation would have consequences. Making trouble may put our residence rights at risk. Furthermore, he added, not a few in the neighborhood, including his own family, have applied for Israeli citizenship and participating in disturbances would hardly help with that.

Such an attitude reflects a general trend since the end of the second intifada:

In recent years, the numbers of [Arab] Jerusalemites applying for Israeli citizenship has risen, as the social stigma of becoming Israeli has begun to erode and despite an Israeli naturalization process that can take years and result in denial (because of the requirement to show Jerusalem residence or the need to pass a Hebrew language test). The number of east Jerusalemites granted citizenship has also risen, from 827 in 2009 to over 1,600 in 2020.

Oddly enough, Laub goes on to argue, the construction of the West Bank separation fence in the early 2000s, which cuts through the Arab-majority parts of Jerusalem, has helped to encouraged better relations.

Read more at Jerusalem Strategic Tribune

More about: East Jerusalem, Israeli Arabs, Jerusalem