from citizenship to stateless citizenship157
ultra-Orthodox students – a clear case of inequality. Barak declared, rather
clumsily, that ‘there is room for the idea that a law or Basic Law that denies
Israel’s character as Jewish or democratic state is unconstitutional’. Many
experts interpreted this to mean that the High Court could abolish a law, or
even a Basic Law, if it impairs Israel’s Jewish character, even if equality is at
stake. …. Indeed, to protect the Jewishness of Israel, the Knesset could do
pretty much what it wanted (Avishai 2008, 56–57).
Similarly, and as previously mentioned, in August 2011 the subservience of
Israel’s democratic character and the equality of its citizens to the state’s
self-definition as a ‘national home for the Jewish people’ was proposed as
a new Basic Law. Backed by Members of Israel’s eighteenth Knesset, representing a range of political parties from both the opposition and the ruling
coalition, this new proposed legislation would change the existing definition of Israel as a “Jewish and democratic state” to its definition as “the
national home for the Jewish people.” Should the two identities conflict,
this new Basic Law instructs the courts to trump the Jewish character of
the state over its democratic principles, and can only be amended through
the passing of another Basic Law in its place.13
The refocus of the Israeli political and legal establishment on preserving the Jewishness of the state has recently been met with a similar international refocus on the same. Journalist and writer Jonathan Cook explains
that in May 2011, American President Barak Obama became the first US
president to formally affirm Israel’s self-definition as ‘a Jewish state and
the homeland for the Jewish people’.14 In July of the same year the New
York Times reported that the Obama Administration is “currently working
behind the scenes to press key allies to adopt a formula that would call
on Israel and the Palestinians to resume negotiations on the basis of the
1967-lines and—for the first time in Mideast peacemaking—spell out
international expectations that the Palestinians recognize Israel as a
Jewish state.”15 What comes to the fore here is that an issue absent from
both the 1993 Oslo Accords that set into motion the diplomatic process for
a two-state settlement and the failed 2000 Camp David Summit, and
which was first introduced only at the 2007 Annapolis Conference, has
now risen to the level of other long-standing and internationally
13 Lis, “Lawmakers seek to drop Arabic as one of Israel’s official languages.”
14 Jonathan Cook, “Israel’s Jewishness: Precondition for Palestinian statehood,”
Al-Akhbar English, October 07, 2011, http://english.al-akhbar.com/content/israel%E2%80%
99s-jewishness-precondition-palestinian-statehood.
15 Yonatan Touval, “Israel’s identity crisis,” New York Times, July 29, 2011, http://www
.nytimes.com/2011/07/30/opinion/30iht-edtouval30.html.
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