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Jewish and democratic state
"Jewish and democratic state" is the Israeli legal definition of the nature and character of the State of Israel. The "Jewish" nature was first defined within the Israeli Declaration of Independence in May 1948 (see Jewish state and Jewish homeland). The "democratic" character was first officially added in the amendment to Israel's Basic Law: The Knesset, which was passed in 1985 (amendment 9, clause 7A).
Numerous scholars and political observers have debated the definition, particularly whether the terms are contradictory or complementary. According to Israeli author and journalist Yossi Klein Halevi, "Israel is based on two non-negotiable identities. The homeland of all Jews, whether or not they are citizens of Israel, and it's the state of all its citizens, whether or not they are Jews."
The Israeli Declaration of Independence identifies Israel as a "Jewish state" in the sense that, as an ethnicity, Jews can exercise their right to self-determination in their homeland. In the 2018 Nation-state law, the right to self-determination was defined as unique to the Jewish people in Israel. The law outlines a number of roles and responsibilities by which Israel is bound in order to fulfill the purpose of serving as the Jews' nation-state. However, it was met with sharp backlash internationally and has been characterized as racist and undemocratic by some critics. After it was passed, several groups in the Jewish diaspora expressed concern that it was actively violating Israel's self-defined legal status as a "Jewish and democratic state" in exchange for adopting an exclusively Jewish identity. The European Union stated that the Nation-State Bill had complicated the Israeli–Palestinian peace process, while the Arab League, the Palestine Liberation Organization, the Organization of Islamic Cooperation, and the Muslim World League condemned it as a manifestation of apartheid.
The word "Democratic" is absent throughout the Israeli Declaration of Independence. However, the declaration states the intention to:
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 the Charter of the United Nations.
and appeals to:
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 institutions.
Since no constitution had been passed by 1985, the Supreme Court 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 1984 Knesset elections, religious ideas were brought up that were aimed at canceling the democratic character of Israel, and replacing it with a theocratic Halachic state, and thus in the eleventh Knesset session, the amendment to the Basic Law: the Knesset was passed (to become effective as of the Twelfth Knesset), that stipulated that:
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Jewish and democratic state
"Jewish and democratic state" is the Israeli legal definition of the nature and character of the State of Israel. The "Jewish" nature was first defined within the Israeli Declaration of Independence in May 1948 (see Jewish state and Jewish homeland). The "democratic" character was first officially added in the amendment to Israel's Basic Law: The Knesset, which was passed in 1985 (amendment 9, clause 7A).
Numerous scholars and political observers have debated the definition, particularly whether the terms are contradictory or complementary. According to Israeli author and journalist Yossi Klein Halevi, "Israel is based on two non-negotiable identities. The homeland of all Jews, whether or not they are citizens of Israel, and it's the state of all its citizens, whether or not they are Jews."
The Israeli Declaration of Independence identifies Israel as a "Jewish state" in the sense that, as an ethnicity, Jews can exercise their right to self-determination in their homeland. In the 2018 Nation-state law, the right to self-determination was defined as unique to the Jewish people in Israel. The law outlines a number of roles and responsibilities by which Israel is bound in order to fulfill the purpose of serving as the Jews' nation-state. However, it was met with sharp backlash internationally and has been characterized as racist and undemocratic by some critics. After it was passed, several groups in the Jewish diaspora expressed concern that it was actively violating Israel's self-defined legal status as a "Jewish and democratic state" in exchange for adopting an exclusively Jewish identity. The European Union stated that the Nation-State Bill had complicated the Israeli–Palestinian peace process, while the Arab League, the Palestine Liberation Organization, the Organization of Islamic Cooperation, and the Muslim World League condemned it as a manifestation of apartheid.
The word "Democratic" is absent throughout the Israeli Declaration of Independence. However, the declaration states the intention to:
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 the Charter of the United Nations.
and appeals to:
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 institutions.
Since no constitution had been passed by 1985, the Supreme Court 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 1984 Knesset elections, religious ideas were brought up that were aimed at canceling the democratic character of Israel, and replacing it with a theocratic Halachic state, and thus in the eleventh Knesset session, the amendment to the Basic Law: the Knesset was passed (to become effective as of the Twelfth Knesset), that stipulated that: