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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Read more at Evelyn Gordon

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

How the Death of Mahsa Amini Changed Iran—and Its Western Apologists

Sept. 28 2022

On September 16, a twenty-two-year-old named Mahsa Amini was arrested by the Iranian morality police for improperly wearing a hijab. Her death in custody three days later, evidently after being severely beaten, sparked waves of intense protests throughout the country. Since then, the Iranian authorities have killed dozens more in trying to quell the unrest. Nervana Mahmoud comments on how Amini’s death has been felt inside and outside of the Islamic Republic:

[I]n Western countries, the glamorizing of the hijab has been going on for decades. Even Playboy magazine published an article about the first “hijabi” news anchor in American TV history. Meanwhile, questioning the hijab’s authenticity and enforcement has been framed as “Islamophobia.” . . . But the death of Mahsa Amini has changed everything.

Commentators who downplayed the impact of enforced hijab have changed their tune. [Last week], CNN’s Christiane Amanpour declined an interview with the Iranian president Ebrahim Raisi, and the Biden administration imposed sanctions on Iran’s notorious morality police and senior officials for the violence carried out against protesters and for the death of Mahsa Amini.

The visual impact of the scenes in Iran has extended to the Arab world too. Arabic media outlets have felt the winds of change. The death of Mahsa Amini and the resulting protests in Iran are now top headlines, with Arab audiences watching daily as Iranian women from all age groups remove their hijabs and challenge the regime policy.

Iranian women are making history. They are teaching the world—including the Muslim world—about the glaring difference between opting to wear the hijab and being forced to wear it, whether by law or due to social pressure and mental bullying. Finally, non-hijabi women are not afraid to defy, proudly, their Islamist oppressors.

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Read more at Nervana

More about: Arab World, Iran, Women in Islam