Diplomatist Magazine Diplomatist August 2018 | Page 37

SPOTLIGHT
Israel is writing its constitution in chapters. Now that the
democratic aspect of the state, both institutionally and
substantively, has been enshrined in its constitution, it is time to
weigh in on what the Jewish part means.
T
o better understand the signifi cance behind Israel’s new
Nation State Law one must understand the historical
background and context that led to its passing. Once
we establish what led to the passing of a law that defi nes the
Jewish character of Israel, we can understand the practical
impact now that the law enjoys constitutional status.
On 29 November 1947, the UN General Asse mbly
adopted Resolution 181, also known as the Partition Plan.
The international community approved the plan that called
for the partition of the British-ruled Mandate into a “Jewish
state” and an “Arab state”. The resolution was accepted by the
Jews living under the mandate, yet it was rejected by the Arabs
living under the mandate and the surrounding Arab states.
On 14 May 1948 the Israeli Declaration of Independence
proclaimed: “by virtue of our natural and historic right and on
the strength of the resolution of the United Nations General
Assembly, hereby declare the establishment of a “Jewish
State” in Eretz-Israel, to be known as the State of Israel.”
On 13 June 1950 the Israeli Knesset passed the “Harari
Decision” that determined “the (Israeli) constitution will be
built chapter by chapter, in such a way that each will constitute
a separate Basic Law.”
From 1958 until 1988, the Israeli Knesset passed nine
Basic Laws that determined the democratic institutions of
the country. It enshrined within constitutional law Israel’s
legislative, executive and judicial branches of government.
Other democratic institutions and extensions of government
that received this special constitutional status under Israeli
law included the President, the State Comptroller, the capital,
the military, the economy and the land.
In 1992 the Knesset passed two basic laws, “Basic Law
Human Dignity and Liberty” and “Basic Law Freedom of
Occupation”, that determined the individual rights of Israel’s
citizens. These vital Basic Laws provided individual rights to
all citizens on a constitutional level; it went beyond Israel’s
institutional democracy that was anchored in the separation
of powers; and enshrined Israel as the fi rst Middle Eastern
country to join the club of liberal democracies. Both Basic
Laws defi ned the State of Israel as a “Jewish and Democratic
state." However, on a practical level, what does it mean that
Israel is a Jewish and Democratic State? This is a question
Israelis have been asking since enshrining its democratic
values in 1992.
In 2011, MK Avi Dichter, who was then serving as a
member of the now defunct centrist Kadima party led by
current Opposition Leader Tzipi Livni, proposed the initial
version of Israel’s Nation State Bill. Immediately questions
were raised on how a Basic Law that defines Israel’s
characteristics as a Jewish State would impact both Israel’s
internal functioning and external relations. Most of the
debate focused on the internal impact of the bill on Israel’s
democratic credentials. Others focused on the potential
external impact on Israel’s ties with nations in the Arab
world that had become closer to Israel in recent years. The
arguments against the proposal have been well documented.
The arguments for the bill, less so.
One of the main arguments in favor of the proposal is that
Israel was founded as a Jewish and Democratic State. Israel is
writing its constitution in chapters. Now that the democratic
aspect of the state, both institutionally and substantively, has
been enshrined in its constitution, it is time to weigh in on
what the Jewish part means. The concept of a Jewish State is
rooted in the terminology of the United Nations Resolution
that was used as the foundation for the State of Israel. It has
been echoed by the Declaration of Independence and in Israeli
constitutional law.
The question at the center of the debate is how we should
defi ne a Jewish State. Does a Jewish State mean a religious
state based on the Jewish religion and the Jewish law, called
Halacha? Does a Jewish State mean a secular state that is
based on Jewish culture and tradition? A Jewish ethnic state
for the Jewish people? A democratic nation state for all who
defi ne themselves as Jews while still providing individual
rights for minorities? Israeli leaders were divided on resolving
Extraordinary and Plenipotentiary Diplomatist • Vol 6 • Issue 8 • August 2018, Noida • 37