The Dynamics of Exclusionary Constitutionalism
By Mazen Masri
What does Israel's definition as a 'Jewish and democratic' state mean? How does it affect constitutional law and the people living in Israel? This book provides a unique and detailed examination of the consequences of the 'Jewish and democratic' definition. It seeks to explore how the definition affects the internal ordering of the state, the operation of the law, and the ways it is used to justify, protect and regenerate certain features of Israeli constitutional law.The book offers a novel perspective on the Jewish and democratic definition rooted in constitutional theory and informed by a socio-legal approach. Relying on a wide range of secondary sources, as well as a significant number of court cases and statutes, the book argues that the definition is deeply embedded in the constitutional structure in different ways, and operates, as a matter of law, in a manner that concentrates political power in the hands of the Jewish citizens and excludes the Arab citizens in Israel from the process of exercising political power.The book is a timely intervention in an increasingly important question, and is essential reading for those who want to understand Israel's character, its relationship with the constitutional order, and its impact on society.
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