A Comparative Constitutional Perspective on Israel's Nation-State Law

The article examines the contention that the Basic Law of Israel as the Nation-State of the Jewish People undermines Israel's liberal character. A comparison of the controversial provisions in the Israeli bill to the constitutional provisions of other liberal democracies reveals that it fits comfortably with the widespread practice of constitutionally affirming the particularistic identity of the nation's majority population. Such provisions tie communal identity to that of the state through state religions, dynastic heads of state, or ethnic self-determination. Moreover, the specific national identity measures in Israel's Nation-State Law-those dealing with language, immigration, and related matters-are common to the constitutions of various Western democracies in similar circumstances. While the provisions of Israel's Nation-State Law are not exceptional, the international hostility they arouse undoubtedly is.