Basic Law: Israel as the Nation-State of the Jewish People חוק יסוד: ישראל, מדינת הלאום של העם היהודי

Ключевые положения

• The Land of Israel is the historic homeland of the Jewish people, where the State of Israel was established
• The right to exercise national self-determination in Israel is unique to the Jewish people
• Hebrew is the state language; Arabic has a 'special status' and pre-existing language rights are explicitly preserved
• The state views the development of Jewish settlement as a national value and will act to encourage and promote it
• Anchors the flag, emblem, anthem (Hatikvah), Hebrew calendar, Independence Day, Jewish holidays, days of remembrance, Shabbat as the official day of rest, and the ingathering of the exiles via the Law of Return

Контекст

Passed 62-55 with two abstentions on 19 July 2018 after seven years of legislative work, sponsored by the Netanyahu coalition. The law fills a constitutional gap: while earlier Basic Laws had codified Israel's democratic character and human rights, none had given equivalent statutory weight to its Jewish national character. Arab MKs staged dramatic protests on the floor, and members of the Druze community, whose deep IDF service is a source of pride for the State, voiced concerns that the law did not adequately reflect their partnership, prompting subsequent government recognition and benefits packages.

Сегодня

Upheld 10-1 by an enlarged Supreme Court panel on 8 July 2021, with Chief Justice Esther Hayut writing that the law 'does not negate Israel's character as a democratic state' and is one chapter in Israel's evolving constitutional structure. It was the first time the Court formally reviewed a Basic Law on the merits, and it declined to strike it down. The Court's January 2024 reasonableness ruling asserted a theoretical power to invalidate a Basic Law in extreme cases, but the Nation-State Law itself remains firmly in force.