What is Left from the Identity of the State of Israel Proclaimed in the Declaration of Independence?
Author(s) -
Mordechai Schenhav
Publication year - 2018
Publication title -
polish political science yearbook
Language(s) - English
Resource type - Journals
ISSN - 0208-7375
DOI - 10.15804/ppsy2018201
Subject(s) - declaration of independence , law , democracy , political science , supreme court , knesset , state (computer science) , identity (music) , sociology , liberal democracy , national identity , legislation , constitution , politics , physics , acoustics , algorithm , parliament , computer science
The purpose of this article is twofold. First, to look at the Identity of Israel as both Jewish and democratic State in its Declaration of Independence and the status it acquired over the years within the Constitutional and law system. The second, to examine, through the evolution of the enounced principle of equality in the situation of economic, gender, religious and national minorities, how it was implemented and what has changed after 70 years. From the outset, the Declaration was not given a constitutional status but later the Supreme Court gave it an interpretive quality. With the two Basic Laws on Human Rights, limited as they were, it gave the Supreme Court much more advantage to intervene and impose the Identity of the State as Jewish and democratic in its interpretations of laws in spite of strong criticism and even to influence and criticize the Knesset legislation. However, Israel is still not a true liberal Democracy since the rights within it are determined more according to the ethnic-national religious belonging of the person than according to its citizenship and the principle of equality is only partially adopted in practice with different degrees as regards the various minorities. In some aspects, it even moves away from the original intended Identity of an exemplary liberal Democratic Nation State.
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