HaKivunim

Society & Minorities

The Nation-State Law

The Nation-State Law should stay as it is, with no equality clause added.

Passed in 2018, the law defines national self-determination as unique to the Jewish people and does not mention equality.

What is at stake

Israel has no single constitution, only "Basic Laws" with quasi-constitutional standing. The 2018 Nation-State Basic Law defines Israel as the nation-state of the Jewish people. Unlike the others, it contains no equality clause. About one in five citizens is not Jewish. Amending it takes a Knesset majority.

The case for

  • The law does one job: anchor national self-determination. That is the dimension the other Basic Laws left out.
  • Individual equality is already protected by Basic Law: Human Dignity and Liberty, and by decades of court rulings.
  • An equality clause inside this law would give courts a lever to dilute its national provisions.

The case against

  • A Basic Law that defines the state's character should also say that every citizen is equal before the law.
  • Arab, Druze and other non-Jewish citizens read the text as ranking them below their neighbours.
  • An equality clause takes nothing from the state's Jewish character. Both can sit in the same law.

Both sides get the same number of points at comparable length. That is a rule of this site, not a coincidence.

What the next Knesset could decide

The Knesset amends a Basic Law by ordinary legislation. A bill adding an equality clause, or a competing bill strengthening the current text, could reach the floor. Whether either moves depends on the coalition agreement.

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