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chapter two
the conditions for political participation as outlined in Section 7A as its
party platform stated that it “will struggle for another Israel, an Israel that
is for all of its citizens” (Schmidt 2001, 282). The position of the PLP was
that a state defined as Jewish is unable not treat its non-Jewish citizens as
equals, and that a democratic state (by any acceptable reading of the
term) could not give preference to a specific social group (Peled 1992, 437).
For the petitioners and some of the judges on the Supreme Court, this
argument is tantamount to negating the character of Israel as the state of
the Jewish people.56 In the end, though the Court decided by a reluctant
majority of 3-2 to support the decision of the CEC and allow the PLP to
participate in the Knesset elections, there was a general consensus among
the judges that the rejection of a political party is justified if it rejects the
Zionist notion that Israel is a state of the Jewish people. With such an
interpretation of Section 7(A), the Court effectively sets a precedent
whereby other democratic considerations in a case are rendered secondary to the primary aim of maintaining the exclusive Jewish character of
Israel. In the words of Israeli scholar David Kretzmer, the Court’s decision
implied that,
… on the decidedly fundamental level of identification and belonging there
cannot be total equality between Arab and Jew in Israel. The State is the
state of the Jews, both those presently resident in the country as well as
those resident abroad. Even if the Arabs have equal rights on all other levels
the implication is abundantly clear: Israel is not their state (Schmidt 2001,
284; also quoted in Peled 1992, 439).
For the PLP and the Arab political parties today, demanding complete
equality between Jews and Arabs in Israel and extending this demand to
the national character of the state renders them vulnerable to exclusion
from the political process. For our purposes, what is of significance here is
that despite the willingness of Arab politicians to pursue constitutional
amendments through the parliamentary process, their rejection of the
particularistic definition of Israel as ‘the state of the Jewish people’ necessarily leads to their legal exclusion from the process as a whole. The Israeli
regime is legally, politically and conceptually designed and organized in a
circular manner so as to make it literally impossible to challenge its particularistic definition as a Jewish state. This circularity cogently surfaces in
56 As Peled explains, it is important to note that the PLP did not demand that The Law
of Return be annulled but, rather, that the right of return be extended to also include the
Palestinian refugees (ibid., 441).
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