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Protests against Israel’s new nation-state law in Tel Aviv on August 4, 2018. Tomer Neuberg/Flash90.
Response to October’s Essay

October 8, 2018

Is Israel’s New Nation-State Law Abnormal? Hardly.

By Jeremy Rabkin

In its definition of the nation, it follows a pattern common in the founding documents of many countries, including other advanced democracies.

Why all the outrage?, ask Moshe Koppel and Eugene Kontorovich in their essay about the uproar over Israel’s new Basic Law: Nation-State—a question they then proceed to answer with great cogency. I don’t, myself, see anything inherently objectionable in the new law. It does worry me, however, that a set of propositions aimed at solidifying constitutional norms in Israel should have generated so much contention. During my time in Jerusalem this summer, a number of Israelis told me they weren’t against anything in the law but were unsure it was worth all the commotion it provoked.

I hope that Koppel and Kontorovich are right in their forecast that, within “a decade or two . . . when the political dust has settled,” people will regard this law as a “seminal moment in Israel’s maturation.” But will it really curb the activist tendencies of the Israel Supreme Court—or will it instead spur the Court to counteract what it sees as a dangerous constitutional innovation? Will the Druze community and other constituencies now complaining about the law finally accept it—or will they become ever more sensitive to perceived slights?

I don’t know. As an outsider to the Israeli debate, my guesses aren’t worth sharing, anyway. I can, however, say something about the outside world. Although Israel is a quite unique country in some ways, it is not so unique in its handling of issues treated in the nation-state law. A glance at other nations shows just how little agreement there is on how much should be included in a constitution and on what a nation may do to accommodate or safeguard its predominant culture.

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Responses to October ’s Essay