Basic Law: Israel as the Nation-State of the Jewish People

Basic Law: Israel as the Nation-State of the Jewish People
20th Knesset
  • חוק יסוד: ישראל – מדינת הלאום של העם היהודי
Territorial extent Israel
Enacted byKnesset
Enacted19 July 2018
Legislative history
Introduced byAvi Dichter
Avraham Neguise
Tali Ploskov
Moti Yogev
Yoav Kish
Nava Boker
Bezalel Smotrich
Orly Levy
Robert Ilatov
Dudi Amsalem
David Bitan
Yinon Magal Sponsorship automatically withdrawn; ceased to be an MK
Eli Cohen Sponsorship automatically withdrawn; became a minister
Hamad Amar Withdrew sponsorship
Preliminary reading10 May 2017
First reading1 May 2018
Second reading18 July 2018
Third reading18 July 2018
Voting summary
  • 62 voted for
  • 55 voted against
  • 2 abstained
Related legislation
Basic Laws of Israel
Summary
Defines Israel as the nation-state of the Jewish people
Status: Current legislation

Basic Law: Israel as the Nation-State of the Jewish People (Hebrew: חוֹק יְסוֹד: יִשְׂרָאֵל—מְדִינַת הַלְּאוֹם שֶׁל הָעַם הַיְּהוּדִי), informally known as the Nation-State Bill (חוֹק הַלְּאוֹם‎) or the Nationality Bill,[1] is an Israeli Basic Law that specifies the country's significance to the Jewish people. It was passed by the Knesset—with 62 in favour, 55 against, and two abstentions—on 19 July 2018 (7 Av 5778)[2][3] and is largely symbolic and declarative in nature.[4][5][6][7][8][9] 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.[10][11] 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.[12][13][14][15] The European Union stated that the Nation-State Bill had complicated the Israeli–Palestinian peace process,[16] 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.[17][18]

Petitions were filed with the Supreme Court of Israel challenging the constitutionality of the law. In January 2019, the Supreme Court announced that such challenges would be heard by an 11-justice panel and would decide if the law, in whole or in part, violates Israel's Basic Law: Human Dignity and Liberty, which was passed by the Knesset with super-legal status in 1992. Additionally, the hearing would also be the first time that the Supreme Court addressed the question of whether it had the authority to strike down another Basic Law on the basis of threats to constitutionality.[19][20]

In July 2021, the Supreme Court ruled that the law was constitutional and did not negate Israel's democratic character. Writing the opinion for the majority, Esther Hayut, the erstwhile President of the Supreme Court, stated that this "Basic Law is but one chapter in our constitution taking shape and it does not negate Israel's character as a democratic state." The court's majority opinion concurred with arguments that the law merely declares the obvious—that Israel is a Jewish state—and that this does not detract from the individual rights of non-Jewish citizens, especially in light of other laws that ensure equal rights to all.[21]

  1. ^ "Knesset passes Jewish nation-state bill into law". knesset.gov.il. Retrieved 18 September 2019.
  2. ^ Wootliff, Raoul. "Israel passes Jewish state law, enshrining 'national home of the Jewish people'". The Times of Israel. Retrieved 19 July 2018.
  3. ^ "Israel Passes 'National Home' Law, Drawing Ire of Arabs". The New York Times. 18 July 2018.
  4. ^ Kershner, Isabel (19 July 2018). "Israel Passes Law Anchoring Itself as Nation-State of the Jewish People". The New York Times. Archived from the original on 19 July 2018. Retrieved 20 July 2018.
  5. ^ "The Jewish State Must Remain Jewish". Algemeiner.com. 19 July 2018.
  6. ^ Carey, Andrew; Liebermann, Oren (19 July 2018). "Israel passes controversial 'nation-state' bill into law". CNN.
  7. ^ "Israel passes controversial Jewish nation-state law". ABC News. 20 July 2018.
  8. ^ Lis, Jonathan (19 July 2018). "Israel's Contentious Nation-state Law: Everything You Need to Know". Haaretz.
  9. ^ "Israel adopts symbolic but divisive Jewish nation-state law". english.alarabiya.net.
  10. ^ Cite error: The named reference Independent was invoked but never defined (see the help page).
  11. ^ Cite error: The named reference Vox was invoked but never defined (see the help page).
  12. ^ Green, Emma (21 July 2018). "Israel's New Law Inflames the Core Tension in Its Identity". The Atlantic.
  13. ^ Goldman, Paul; Lawahez, Jabari; Bruton, F. Brinley (20 July 2018). "Israel 'nation-state' law sparks criticism around the world". NBC News.
  14. ^ "Board of Deputies criticises Israel's new 'regressive' Nation State law". The Jewish Chronicle. 19 July 2018.
  15. ^ Cortellessa, Eric (19 July 2018). "Reform and AJC leaders bitterly criticize Israel's nation-state bill". The Times of Israel.
  16. ^ Beaumont, Peter (19 July 2018). "EU leads criticism after Israel passes Jewish 'nation state' law". The Guardian.
  17. ^ "OIC, MWL condemn Israel's nation-state law as racist and illegal". Arab News. 21 July 2018.
  18. ^ "Arab MKs meet with Arab League to condemn nation-state law". The Times of Israel. 12 September 2018. Retrieved 3 December 2023.
  19. ^ "High Court broadens panel hearing of Nation-State Law - Israel News - Jerusalem Post". www.jpost.com. Retrieved 21 January 2019.
  20. ^ "ACRI asks High Court to strike Nation-State Law - Israel News - Jerusalem Post". www.jpost.com. Retrieved 21 January 2019.
  21. ^ Cite error: The named reference Sales was invoked but never defined (see the help page).

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