The Dynamics of Exclusionary Constitutionalism

Israel as a Jewish and Democratic State

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. This 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. This timely book will be essential reading for those who want to understand Israel's character, its relationship with the constitutional order, and its impact on society. Revised Dissertation.~(Series: Hart Studies in Comparative Public Law, Vol. 13) [Subject: Constitutional & Administrative Law, Public Constitutional Law, Middle East Studies, Jewish Studies]

Publication Date: 2/23/2017
Format: Cloth
ISBN: 9781509902538