Basic Law: Israel as the Nation State of the Jewish People

2020 ◽  
pp. 1-8
Author(s):  
Alon Harel
Keyword(s):  
Jewish Identity ◽  
Legal System ◽  
Liberal Democracy ◽  
Jewish People ◽  
The State ◽  
Nation State ◽  
Basic Law ◽  
History Of ◽  
Universal Values ◽  
Constitutional Evolution

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.

Enshrining Discrimination: Israel's Nation-State Law

2018 ◽  
Vol 48 (1) ◽  
pp. 73-87 ◽  
Author(s):  
Nadia Ben-Youssef ◽  
Sandra Samaan Tamari
Keyword(s):  
Settler Colonialism ◽  
Jewish People ◽  
Nation State ◽  
State Law ◽  
Institutionalized Racism ◽  
Global Context ◽  
Basic Law ◽  
Historical Justice ◽  
History Of ◽  
Promising Avenue

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.

scholarly journals K postavení menšin na území státu izrael v kontextu mezinárodního práva a zákona o národním státě

AUC IURIDICA ◽  
2021 ◽  
Vol 67 (3) ◽  
pp. 129-152
Author(s):  
Veronika d'Evereux
Keyword(s):  
International Law ◽  
Racial Discrimination ◽  
Jewish People ◽  
The State ◽  
Israeli Society ◽  
Nation State ◽  
Public International Law ◽  
Legal Provisions ◽  
Basic Law ◽  
State Of Israel

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.

scholarly journals Islam's Attitude towards Democracy Comparative Study in International Human Rights Law

2016 ◽  
Vol 9 (1) ◽  
pp. 73
Author(s):  
Suhail Hussein Al-Fatlawi
Keyword(s):  
Legal System ◽  
Liberal Democracy ◽  
Fifth Century ◽  
The Political ◽  
Islamic State ◽  
International Human Rights Law ◽  
Legislative Authority ◽  
The People ◽  
History Of ◽  
Muslim Scholars

<p>Democracy was established in the Greek cities in the fifth century B.C. It is a liberal western system. In this regard, various Islamic countries applied democracy as a political and legal system where the people elect their representatives in the legislative authority in order to put the legal regulations that organize the human behavior.</p>The research included a brief idea about liberal democracy, its history and objectives, the political and legal system in the Islamic state, the dispute among Muslim scholars on the application of democracy in the Islamic states; some Muslim scholars refuse to apply democracy since the legal system in Islam relies on the Holly Qor'an and the Prophet's speeches, which are a biding regulation for Muslims, while other authors believe that Islam accepts democracy and others think that Islam should have its special democracy that differs from the liberal democracy. This paper discussed the political and legal systems that were applied the Islamic state during the history of Islam. Finally the paper presented the most conclusions and recommendations reached by the researcher.

scholarly journals STUDI KOMPARATIF PELAKSANAAN PERADILAN ISLAM DI NEGARA MALAYSIA DAN SAUDI ARABIA

2017 ◽  
Author(s):  
Yusrizal
Keyword(s):  
Saudi Arabia ◽  
Legal System ◽  
The State ◽  
Basic Law ◽  
Public Body

The legal system in Malaysia State reflects the plural model which appears in English Malay Colony. Much of the area of life must be governed by a federal public body. The shariah Court in Malaysia known as the Shariah Court which is a judicial institution that speaks, and sentences to Muslims for civil and criminal misconduct according to the jurisdiction allocated to it. The Shariah Court has jurisdiction as stipulated by the Malaysian Constitution. While in Saudi Arabia Quran and Sunnah Rasulullah s.a.w is the Constitution of the State, and shariah as the basic law implemented by tribunals (courts) shariyah with ulama as Judges and counselors. The Saudi Arabia judiciary is formed based on Islamic shariah which is inseparable from the role of King Abdul Aziz bin Abdul Rahman as-Saud who plundered the territories

Imperial Women of Rome

2021 ◽  
Author(s):  
Mary T. Boatwright
Keyword(s):  
Legal System ◽  
The State ◽  
Capital City ◽  
Imperial Cult ◽  
Genealogical Trees ◽  
Imperial Power ◽  
History Of ◽  
The City ◽  
Family Ideology

This book explores the constraints and opportunities of the women in the Roman emperor’s family from 35 BCE, when Octavia and Livia received unprecedented privileges from the state, to 235 CE, when Julia Mamaea was assassinated with her son Severus Alexander. Historical vignettes feature Agrippina the Younger, Domitia Longina, and some others as the book analyzes the history of Rome’s most eminent women in legal, religious, military, and other key settings of the principate. It also examines the women’s exemplarity through imaging as well as their presence in the city of Rome and in the empire. Evidence comes from coins, inscriptions, papyri, sculpture, and law codes as well as ancient authors. Numerous illustrations, maps, genealogical trees, and detailed tables and appendices complement the text. The whole reveals imperial women’s fluctuating but persistent marginalization and lack of agency despite their potential, even as it elucidates Rome’s imperial power, legal system, family ideology, religion and imperial cult, court, capital city, and military customs.

History of the State and Law of Russia. Volume 3

2021 ◽  
Author(s):  
Aleksandr Smykalin ◽  
Tat'yana Bazhenova ◽  
Natal'ya Zipunnikova ◽  
Vladimir Motrevich ◽  
Elena Sokolova ◽  
...  
Keyword(s):  
Legal System ◽  
The State ◽  
Chronological Order ◽  
Soviet State ◽  
The Third ◽  
History Of ◽  
Further Development

The third part of the anthology contains materials reflecting the periods of formation of a limited monarchy in Russia and the further development of the legal system; the formation and development of the Soviet state and law in the XX century. The documents are arranged in chronological order.

Catholic Mission to the Jewish People?

2019 ◽  
pp. 144-187
Author(s):  
Gavin D'Costa
Keyword(s):  
Jewish Identity ◽  
Jewish People ◽  
Anti Semitism ◽  
History Of ◽  
Catholic Mission

Chapter 5 examines the confusion in Catholic teachings regarding mission to the Jewish people. The chapter establishes various reasons for this confusion: lack of a consensual reading of St Paul on this matter; concern that Catholics show sensitivity to a long history of anti-Semitism; distancing of Catholic approaches from recent aggressive evangelical approaches to Judaism; and the recognition that destroying Jewish identity in conversion is unacceptable. On this basis, drawing on recent Vatican documents, it is argued that Hebrew Catholic communities are a witness to the non-eradication of Jewish identity while following Jesus. This view will be problematic for Catholics and Jews but is already grounded in the Church’s new and emerging position.

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