Basic Laws of 1992/94

  • What is Left from the Identity of the State of Israel Proclaimed in the Declaration of Independence?

    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 that 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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