The Jewish State and the Rights of Minorities On June 20 and November 29, the Constitution, Law and Justice Committee met to discuss protection of minority rights in the proposed constitution. The main issues discussed at these meetings were:
Israel’s “Jewish and democratic” character
Participation and inclusion of Arabs in the constitutional process
Minority (particularly Arab) rights in the constitution
Issue 1: Israel’s “Jewish and democratic” character
Jew and Arabs in the Jewish Democracy; Defining the state in the Constitution; Jewish vs. Democratic; Historical Definition of the State vs. Minority Rights
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Tensions between Jewish and Arab rights in the constitution
Individual and collective rights; minority rights; rights vs. desires; arab education; enforcement of constitutional principles; Arab rights and the Israeli-Palestinian Conflict
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Arab misgivings about an Israeli constitution
Fear of a constitution which disadvantages the already disenfranchised
MK Jamal Zachalka (National Democratic Assembly) stated that almost all Arab parties want a democratic constitution, but that he prefers the status quo to a constitution that...
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Democratic Tyranny and Benevolent Theocracy.
MK Avraham Ravitz (Yahdut Hatorah) made two central claims:
1. In all democracies, minorities are often disenfranchised by the majority’s rule. Jewish law, on the other hand, protects minorities better.
2. Ravitz compared the effects of Israeli democracy on Arabs and Haredim.
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The Purpose of a Constitution: Equality, Collective Rights, Integration, Guidelines -- A Beginning.
Professor Gavison explained that the constitution is not meant to, and would not succeed in, answering the questions discussed at the meeting. The constitution is meant to serve people with widely divergent views...
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