Constitutionalism, Law and Religion in Israel a State’s Multiple Identities (original) (raw)
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constitutionalism-law-and-religion-in-israel-a-states-multiple-identities-2169-0170-1000169.pdf
This paper addresses the question of how the State of Israel deals with legal pluralism of different religious groups regarding status rights. Law and religion are two competing cultural systems that constitute individual and collective identities, as well as social interaction. In the history of Israel, a religiously as well as ethnically deeply divided society, various individual and collective religious and national identities have developed. These issues are reflected in the constitutional regulations, as well as in the different legal systems of the country, existing parallel to each other.
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Law, State, and Society examines the interaction between state law and non-state law, such as customary law, religious law, and social conventions. This course will examine the relationship between law and religion in contemporary society, exploring the constant negotiation between state law and religious law in Jewish, Muslim, and Christian communities in Israel. It will do so through the theoretical perspectives of law & society and legal pluralism, understanding both law and religion as heterogenous and dynamic social fields that are not completely distinct from one another: law has theological and cultural aspects while religion is also a system of law. Israel shares many aspects of law and religion with other contemporary societies, while featuring unique aspects of being defined as a Jewish and democratic state, where the concepts of nation and religion are conflated, and religion and state are not separate. The Israeli legal system and legal struggles within it provide a fascinating glance into the tensions between state and religion, and between different religious belief groups. The course will examine structural issues like the absence of a formal constitution, Jewish law as part of the sources of state law, and the coexistence of religious tribunals and the system of state courts. It will further explore specific topics like religious orthodoxy and pluralism, marriage and divorce, citizenship and immigration, freedom of religion, management of religious sites, gender equality, adoption and reproductive rights, religious conversion, and religious minorities.
Introduction to the book 'The Dynamics of Exclusionary Constitutionalism Israel as a Jewish and Democratic State' What does Israel's definition as a 'Jewish and democratic' state mean? How does it affect constitutional law? How does it play out in the daily life of the people living in Israel? This book provides a unique and detailed examination of the consequences of the 'Jewish and democratic' definition. It explores how the definition affects the internal ordering of the state, the operation of the law, and the ways it is used to justify, protect and regenerate certain features of Israeli constitutional law. It also considers the relationship between law and settler-colonialism, and how this relationship manifests itself in the constitutional order. The Dynamics of Exclusionary Constitutionalism offers a novel perspective on the Jewish and democratic definition rooted in constitutional theory and informed by a socio-legal approach. Relying on a wide range of court cases and statutes as well as secondary sources, the book shows how the definition is deeply embedded in the constitutional structure, and operates, as a matter of law, in a manner that concentrates political power in the hands of the Jewish citizens and excludes the Palestinian Arab citizens in Israel from the political process. Mazen Masri's study is a timely intervention in an increasingly important question, and is essential reading for those who want to understand Israel's character, its relationship with the constitutional order, and its impact on society.
Religion and Democracy in Israel
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Section 1(A) of Israel's Basic Law: Human Dignity and Liberty (1992) states that the law's purpose is`to protect human dignity and liberty, in order to establish in a Basic Law the values of the State of Israel as a Jewish and democratic state.' The legislation, approved in 1992 and amended in 1994, is part of an ongoing process of constitution building, which has accompanied the state of Israel since its birth. Section 1(A) perhaps embodies the contradictions and diculties arising from the idea of a Jewish state, within the framework of western democratic systems of government. These contradictions lie in the contested meaning of two terms, Jewish and democratic, whose dierent interpretations can lead, in their application, to synthesis, con¯ict or cohabitation. This article tries to address the complex relation between democracy and religion in the state of Israel.
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In recent years Jewish religious leaders have often expressed religious opinions in matters concerning the foreign and security policy of the State of Israel. The present article focuses on the internal religious legitimacy of halakhic rulings in these matters and reveals the prerequisites that decisors must satisfy before voicing a binding halakhic opinion on issues concerning the Israeli Arab conflict, peace agreements, Jewish settlements in Judah and Samaria, etc. The article is divided into three parts that answer the following questions: (a) are matters of State policy subject to halakhic norms or are they situated outside the realm of Halakha? (b) does Halakha have a judicial policy seeking to rule on these issues? (c) what are the practical difficulties that decisors face if they wish to rule on them? The article points out the diversity of internal halakhic opinions on the questions under investigation, and outlines an analytical method for a halakhic discussion aimed at ans...
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Few thoughts on dogs that do not bark, the difference between Jerusalem and Philadelphia, and why Meir Ariel got it right while Yehonatan Geffen didn’t. Ah yes, and about the problems I find in the nation-state Basic Law. For a more formal abstract (written by the editors of Fathom): In this long read Dubnov writes as ‘a Jewish citizen of Israel, and by this virtue – a member of the fortunate, favored group that is privileged by the new legislation passed in summer 2018 – namely, the Basic Law: Israel as the Nation-State of the Jewish People.’ Dubnov indicts the law because of what it lacks – ‘any promise of equality and democracy, a Bill of Rights of any kind, that takes into consideration the non-Jewish citizens of Israel’ – and because of the real-world political context in which it is being enacted and from which it derives its meaning: ‘populist campaigns against “politically correctness,” toleration of others and basic norms of civility, alongside increased attempts by state authorities to curtail the activities of NGOs and human rights activists, targeted as “radical” and the weakening commitment of the Israeli legislature to the democratic rules of the game.’ Dubnov identifies four reasons liberal democrats should be worried by the law: its treatment of ‘Jewish settlement’, Jerusalem, the Arabic language, and Israel-Diaspora relations. He also notes with alarm the place accorded to the Druze in the new law.
The History of Israeli Pre-State Constitutionalism
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This chapter analyzes the history of constitutionalism in Palestine during the late-Ottoman and British-colonial periods, showing that many of the main features of Israeli constitutional law have long-forgotten pre-state origins. Following a brief Introduction to the chapter, Section II discusses official constitutional texts produced during the late-Ottoman and Mandatory periods and also constitutional scholarship from that time. Section III explores the history of the creation of a Hebrew word for "constitution," showing how arguments over the term reflected competing conceptions of the nature of constitutions. The last section deals with Zionist constitutional thought, discussing practices and plans for the future Jewish entity in Palestine, created during the pre-state era.