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The Basic Law: Israel as the Nation-State of the Jewish People has generated shock in Israel because of its dangerous political and legal ramifications, primarily regarding the status and rights of Palestinian Arab citizens of Israel. This essay examines the law and its consequences in various aspects of life.
As a Basic Law, the new legislation has constitutional standing. It aims to settle the debate regarding the ideology and values underpinning a future constitution for Israel. In particular, this law deepens discrimination between Jews and Palestinians citizens in Israel and threatens democratic rights and values within a constitutionally mandated framework. It is anticipated that this legislation will subjugate the will of the Palestinians - an indigenous minority in Israel - to the interests and narrative of the hegemonic Jewish majority. Discrimination in favor of Jews and against Palestinians in Israel has been consolidated through discriminatory legislation and official constitutional arrangements that are related to both the symbolic domain, such as the definition of the state and its symbols, but also the very core of Palestinians' legal status, including self-determination, immigration, citizenship, land, language and religion. This law and the articles therein define the state as being exclusively "the national home of the Jewish people." Therefore, this basic law is a clear-cut case of legislation biased in favor of the interests of the majority. Accordingly, the law aims to formalize discrimination constitutionally - a situation which will result in real and serious infringements of the rights of Palestinian citizens.
Discriminatory Articles in the Law
Article 1 .A. of the law identifies the "land of Israel" as "the historical homeland of the Jewish people." Article 1 .B. says that "the state of Israel is the national home of the Jewish people" and Article 1 .C. adds that "the right to exercise national self-determination in the state of Israel is unique to the Jewish people."
Israel was previously defined as "Jewish and democratic" state. This definition had been reaffirmed in the preambles of substantial legislation over the years. The new law changes the definition of Israel and, with the absence of any reference to democracy, gives priority to the "Jewish" elements over the "democratic" ones. Furthermore, there is a flagrant contradiction between the notion of democracy and the...