A Comparative Perspective on Israel’s Constitutional Identity

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ID: 314396
2026
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Abstract
Abstract This chapter focuses on the tension in Israeli history, law, and politics that continues to structure societal outcomes in many of the nation’s most pressing problems. Is the constitutional identity of the state understandable primarily as the embodiment of democratic properties, or as the fulfillment of the national ambitions of a specific people? The chapter uses this constitutive polarity to locate the Israeli case within a comparative context that reveals its constitutional identity to embody features that are less eccentric than the country’s idiosyncratic constitutional arrangements might suggest. Still, as the debate over the controversial Basic Law on the Nation-State of the Jewish People and the protracted struggle over the judiciary’s role show, these arrangements have created a politics of uncertainty that renders a definitive answer to the identity question more elusive than is to be found in most other places. Ultimately, however, the bewildering search for the precise articulation of Israeli constitutional identity should yield to an acceptance of creative ambiguity as the constitutional order’s most attractive option.
Reference Key
openalex_W7161993218 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Gary J. Jacobsohn
Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/oxfordhb/9780192843524.013.0032
URL
https://doi.org/10.1093/oxfordhb/9780192843524.013.0032
Keywords Keywords not found

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