89:
396:
7A. A candidates list shall not participate in elections to the
Knesset, and a person shall not be a candidate for election to the Knesset, if the goals or actions of the list or the actions of the person, expressly or by implication, include one of the following: (…) (1) negation of the existence of
280:
The State of Israel is a Jewish state in the following two senses: it is the political framework in which the right of the Jewish people to self-determination is manifested and it is a "Jewish nation-state." A first and necessary condition to being a Jewish and democratic state is a decisive majority
427:
was rejected. As a result of this rejection, petitions were submitted to the High Court of
Justice against all three rulings of the Central Elections Committee. Therefore, the clause within the Basic Law: The Knesset, was now a subject to a thorough judicial examination by the High Court of Justice,
285:
being the main official language of the State and the inextricable link to Jewish culture in public life. On the other hand, the characterization of the State as Jewish is not intended to bestow extra privileges on its Jewish citizens and does not obligate the imposition of religious requirements by
292:
The State of Israel is democratic in the following sense: the sovereign is the entire community of the nation's citizens (and it alone), irrespective of ethnic-national origin. In the main, the character of the State as a democratic country is manifested by two basic principles: the first being the
156:
Ensure complete equality of social and political rights to all its inhabitants irrespective of religion, race or sex: It will guarantee freedom of religion, conscience, language, education, and culture; it will safeguard the Holy Places of all religions; and it will be faithful to the principles of
487:
Chief
Justice Barak pondered whether every candidates list objecting the existence of Israel as a Jewish and democratic state should be disqualified, or a "Probabilistic standard" should be adopted, wherein according to this standard, a candidates list may be disqualified only if there is a real
325:
The IDI concludes that "the definition of Israel as a 'Jewish state' does not contradict its definition as a 'state of its citizens.' Although the State is Jewish in that, within its framework, the realization of certain interests of the Jewish people is ensured and its identity is protected and
476:
A list of candidates or a candidate may not participate in the elections if the cancellation or denial of these characteristics is central and dominant among their ambitions and activities; and they act decisively to realize these ambitions; and provided all can be persuasively, clearly and
446:
What, then are the 'core' characteristics shaping the minimum definition of the State of Israel as a Jewish State? These characteristics come from the aspects of both
Zionism and heritage. At their center stands the right of every Jew to immigrate to the State of Israel, where the Jews will
447:
constitute a majority; Hebrew is the official and principal language of the State and most of its fests and symbols reflect the national revival of the Jewish People; The heritage of the Jewish People is a central component of its religious and cultural legacy.
461:
Recognition of the sovereignty of the people manifested in free and egalitarian elections; recognition of the nucleus of human rights, among them dignity and equality, the existence of separations of powers, the rule of law, and an independent judiciary
488:
chance that it will actually succeed in promoting its goals that are in contradictory to the nature of Israel as a Jewish and democratic state. Eventually, he left that question open for future judicial debate, stating that "it requires more review".
281:
of Jews in the State. Israel's attribute as a Jewish and democratic state is conveyed through aspects of
Zionism and Jewish heritage; first and foremost, each and every Jew has the right to immigrate to the State of Israel. Other aspects are
321:, are all drawn from these principles. Democracy's basic principles require equal treatment of all those included as citizens of the State, without regard to their ethnic, religious, cultural, and linguistic affiliations.
179:
ruled that the
Declaration of Independence document is a guiding principle of Israeli society and its state, the need to legally define the Jewish nature and Democratic character of the State of Israel arose. During the
428:
and eventually the High Court of
Justice had turned around the former two ruling by Central Elections Committee, and approved the latter, hence, all three candidates were permitted to participate in the elections.
165:
the Arab inhabitants of the State of Israel to preserve peace and participate in the upbuilding of the State on the basis of full and equal citizenship and due representation in all its provisional and permanent
568:""In recent years, the idea that there is something inherently contradictory between Israel's identity as both Jewish and democratic has begun to penetrate into mainstream academic and journalistic circles.""
333:
The boundaries of the definition of "a Jewish and democratic state" are subject to public discourse in Israel, in context of the relation between state and government. Already in 1994, the question whether
352:
The
Diversity of Israeli Society has produced a few main approaches to the definition of "a Jewish and Democratic State", which the current commonly accepted approach is the combination of all of them: "A
855:
515:
860:
293:
recognition of the dignity of man qua man, and the second, derived from the first, is the recognition of the values of equality and tolerance. Arrangements regarding free and equal
67:
Numerous scholars and political observers have debated the definition, particularly whether the terms are contradictory or complementary. According to
Israeli author and journalist
242:
1. The purpose of this Basic Law 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.
802:
346:
ruled that the government is not permitted to limit such import of non-Kosher meat. However, after the
Knesset passed some amendments to the basic laws, the limit was included.
253:
2. The purpose of this Basic Law if to protect freedom of occupation, in order to establish in a Basic Law the values of the State of Israel as a Jewish and democratic state.
435:, wrote that a narrow interpretation should be given to it, since it limits a basic right, in contrast to the broader interpretation that should be given to laws concerning
629:
567:
196:
7A. A candidates list shall not participate in elections to the Knesset, if the goals or actions of the list, expressly or by implication, include one of the following:
392:
again amended the "Basic Law: The Knesset", in order to enforce the limit not only upon a party of candidates list but also upon each individual, separately:
762:, "A sizeable majority of Jews (74.8%) believe that the State of Israel can be both Jewish and democratic. Only a third of Arab respondents share this view"
349:
Another debate was on the issue of whether the state is permitted to limit the leasing of national land in certain areas of Israel exclusively to Jews.
431:
Regarding the meaning of the definition of "Jewish and democratic state" in this section of the law, then President of the Supreme Court of Israel,
700:
365:
State", "National Culture State", "The State of the Jewish People", "The Jewish State", and "The Jewish State and the State of all its citizens".
599:
772:
549:, political system in which a specific ethnic group has voting rights and the right to run for office, while other groups are disenfranchised
231:
412:
109:
92:
45:
645:
National Identities and the Right to Self-Determination of Peoples: "Civic -Nationalism -Plus" in Israel and Other Multinational States
192:
session, the amendment to the Basic Law: the Knesset was passed (to become effective as of the Twelfth Knesset), that stipulated that:
152:
The word "Democratic" is absent throughout the Israeli Declaration of Independence. However, the declaration states the intention to:
184:, religious ideas were brought up that were aimed at canceling the democratic character of Israel, and replacing it with a theocratic
680:
653:
408:
389:
181:
574:
509:
133:
53:
343:
850:
845:
535:, a political system that combines a structured ethnic dominance with democratic, political, and civil rights for all
369:
269:
759:
176:
72:
835:
211:(3) support for armed struggle by a hostile state or a terrorist organization against the State of Israel.
61:
318:
88:
71:, "Israel is based on two non-negotiable identities. The homeland of all Jews, whether or not they are
747:
543:
506:, a Jewish state that factors Judaism and Jewish religious law into most or all aspects of governance
310:
235:
227:
779:
538:
840:
129:
68:
676:
649:
643:
362:
335:
728:
712:
670:
17:
532:
442:
Concerning the minimal interpretation of "a Jewish State", Justice Aharon Barak ruled that:
376:"believe that the State of Israel can be both Jewish and democratic", whereas two-thirds of
238:, that were legislated in 1992, and amended in 1994. These laws specifically states that:
137:
103:
121:
522:
503:
358:
306:
185:
815:
201:(1) negation of the existence of the State of Israel as a Jewish and democratic state;
829:
527:
424:
377:
457:
According to Chief Justice Barak the minimal definition of "a Democratic State" is:
226:
Since then the definition of "a Jewish and democratic state" was used in additional
500:, a political term used to describe Israel as the homeland state for Jews worldwide
497:
436:
432:
416:
373:
298:
273:
117:
99:
49:
327:
314:
144:
any special status over other religions nor does it deny minorities any rights.
420:
57:
672:
Israel and the Family of Nations: The Jewish Nation-state and Human Rights
276:, the country's Jewish and democratic character was described as follows:
342:
meat, despite the Basic Law: Freedom of Occupation arose. Initially, the
294:
75:, and it's the state of all its citizens, whether or not they are Jews."
630:
THE DECLARATION OF THE ESTABLISHMENT OF THE STATE OF ISRAEL May 14, 1948
330:
lies in its community of citizens, including the non-Jewish community."
773:"The Central Elections Committee vs. KM Ahmad Tibi and KM Azmi Bishara"
732:
716:
339:
302:
189:
141:
282:
113:
37:
36:" is the Israeli legal definition of the nature and character of the
423:
based upon this law. The petition to disqualify right-wing activist
60:" character was first officially added in the amendment to Israel's
354:
87:
125:
41:
268:
As part of a project to draft a constitution for Israel by the
819:
625:
623:
621:
619:
703:, Israel Ministry of Foreign Affairs website, official text
600:"Does new law tilt Israel away from its democratic values?"
516:
Basic Law: Israel as the Nation-State of the Jewish People
632:
Israel Ministry of Foreign Affairs website, official text
512:, an idea rooted in Jewish history, culture, and religion
397:
the State of Israel as a Jewish and democratic state; (…)
696:
694:
692:
338:(i.e. the Cabinet) is permitted to limit the import of
64:, which was passed in 1985 (amendment 9, clause 7A).
701:
Basic Law: The Knesset (1958) (Updated January 2003)
380:
do not believe that such a combination is possible.
856:
Phrases related to the Israeli-Palestinian conflict
175:Since no constitution had been passed by 1985, the
803:The State of Israel: Between Judaism and Democracy
477:unequivocally proved by the established evidence.
669:Yakobson, Alexander; Rubinstein, Amnon (2009).
474:
459:
444:
394:
384:Commentary by the Israeli High Court of Justice
251:
240:
209:
204:
199:
194:
163:
154:
750:, proposed by the Israel Democracy Institute.
8:
526:, an 1896 German-language book published by
861:Israeli–Palestinian conflict legal issues
642:Khen, Hilly Moodrick-Even (2016-06-16).
136:. It does not, however, give the Jewish
729:Basic Law: Freedom of Occupation (1994)
559:
258:Basic Law: Freedom of Occupation (1994)
44:" nature was first defined within the
743:
741:
518:, an Israeli Basic Law passed in 2018
7:
713:Basic Law: Human Dignity and Liberty
247:Basic Law: Human Dignity and Liberty
232:Basic Law: Human Dignity and Liberty
413:Israeli Central Elections Committee
110:Israeli Declaration of Independence
93:Israeli Declaration of Independence
46:Israeli Declaration of Independence
272:(IDI) led by former Chief Justice
157:the Charter of the United Nations.
25:
236:Basic Law: Freedom of Occupation
510:Homeland for the Jewish people
415:disqualified the candidacy of
409:Elections for the 16th Knesset
297:, the recognition of the core
1:
816:A Jewish and Democratic State
598:Joshua Mitnick (2018-07-24).
402:Basic Law: The Knesset (1999)
344:Israeli High Court of Justice
216:Basic Law: The Knesset (1985)
18:A Jewish and Democratic State
326:developed, nonetheless, its
128:can exercise their right to
805:(Jerusalem: IDI Press,2003)
188:, and thus in the eleventh
34:Jewish and democratic state
877:
370:Israel Democracy Institute
270:Israel Democracy Institute
97:
748:Constitution by Consensus
604:Christian Science Monitor
206:(2) incitement to racism;
675:. Taylor & Francis.
372:poll, three-quarters of
27:Israeli legal definition
735:website, official text
719:website, official text
485:
470:
455:
405:
323:
261:
250:
219:
208:
203:
198:
182:1984 Knesset elections
168:
159:
95:
62:Basic Law: The Knesset
482:Aharon Barak 11280/02
467:Aharon Barak 11280/02
452:Aharon Barak 11280/02
319:independent judiciary
278:
120:" in the sense that,
98:Further information:
91:
760:2013 Democracy Index
368:According to a 2013
311:separation of powers
228:Basic Laws of Israel
539:Religious democracy
851:Jewish nationalism
846:Religion in Israel
363:National-Religious
336:Israeli Government
130:self-determination
96:
73:citizens of Israel
69:Yossi Klein Halevi
801:Joseph E. David,
390:Fifteenth Knesset
171:Basic Law of 1985
161:and appeals to:
48:in May 1948 (see
16:(Redirected from
868:
794:
793:
791:
790:
784:
778:. Archived from
777:
769:
763:
757:
751:
745:
736:
726:
720:
710:
704:
698:
687:
686:
666:
660:
659:
639:
633:
627:
614:
613:
611:
610:
595:
589:
588:
586:
585:
579:
573:. Archived from
572:
564:
533:Ethnic democracy
483:
468:
453:
403:
259:
248:
217:
148:Democratic state
21:
876:
875:
871:
870:
869:
867:
866:
865:
826:
825:
812:
798:
797:
788:
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766:
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224:
218:
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173:
150:
138:ethnic religion
122:as an ethnicity
106:
104:Jewish homeland
86:
81:
54:Jewish homeland
38:State of Israel
28:
23:
22:
15:
12:
11:
5:
874:
872:
864:
863:
858:
853:
848:
843:
838:
828:
827:
824:
823:
811:
810:External links
808:
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661:
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523:Der Judenstaat
519:
513:
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504:Halakhic state
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359:Halachic state
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186:Halachic state
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134:their homeland
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6:
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2:
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839:
837:
836:Law of Israel
834:
833:
831:
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817:
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800:
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785:on 2012-03-20
781:
774:
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730:
725:
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682:9780415464413
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655:9789004294332
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580:on 2017-03-31
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528:Theodor Herzl
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177:Supreme Court
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166:institutions.
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39:
35:
30:
19:
787:. Retrieved
780:the original
767:
755:
724:
708:
671:
664:
644:
637:
607:. Retrieved
603:
593:
582:. Retrieved
575:the original
562:
544:
521:
498:Jewish state
486:
475:
471:
460:
456:
445:
441:
437:Human rights
433:Aharon Barak
430:
417:Azmi Bishara
406:
395:
387:
374:Israeli Jews
367:
351:
348:
332:
324:
301:, including
299:human rights
291:
288:
279:
274:Aharon Barak
267:
252:
241:
225:
210:
205:
200:
195:
174:
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160:
155:
151:
118:Jewish state
107:
100:Jewish state
84:Jewish state
66:
50:Jewish state
33:
31:
29:
472:Therefore:
407:During the
328:sovereignty
315:rule of law
286:state law.
222:Later usage
112:identifies
830:Categories
789:2009-05-23
609:2018-07-28
584:2013-11-19
554:References
545:Herrenvolk
421:Ahmad Tibi
340:Non-Kosher
79:Background
58:democratic
841:Democracy
648:. BRILL.
547:democracy
317:, and an
295:elections
492:See also
480:—
465:—
450:—
400:—
357:State" (
307:equality
256:—
245:—
214:—
56:). The "
733:Knesset
717:Knesset
419:and of
303:dignity
190:Knesset
142:Judaism
40:. The "
679:
652:
462:system
411:, the
313:, the
283:Hebrew
116:as a "
114:Israel
42:Jewish
783:(PDF)
776:(PDF)
578:(PDF)
571:(PDF)
355:Torah
677:ISBN
650:ISBN
388:The
361:), "
305:and
234:and
126:Jews
108:The
102:and
52:and
820:WZO
140:of
132:in
832::
818:,
740:^
731:,
715:,
691:^
618:^
602:.
439:.
309:,
230::
124:,
822:.
792:.
685:.
658:.
612:.
587:.
32:"
20:)
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
