The Dynamics of Exclusionary Constitutionalism: Israel as a Jewish and Democratic State

(Hardback)

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What does Israels definition as a 'Jewish and democratic' state mean How does it affect constitutional law How does it play out in the daily life of the people living in Israel This book provides a unique and detailed examination of the consequences of the Jewish and democratic definition. It explores how the definition affects the internal ordering of the state, the operation of the law, and the ways it is used to justify, protect and regenerate certain features of Israeli constitutional law. It also considers the relationship between law and settler-colonialism, and how this relationship manifests itself in the constitutional order. The Dynamics of Exclusionary Constitutionalism offers a novel perspective on the Jewish and democratic definition rooted in constitutional theory and informed by a socio-legal approach. Relying on a wide range of court cases and statutes as well as secondary sources, the book shows how the definition is deeply embedded in the constitutional structure, and operates, as a matter of law, in a manner that concentrates political power in the hands of the Jewish citizens and excludes the Palestinian Arab citizens in Israel from the political process. Mazen Masri's study is a timely intervention in an increasingly important question, and is essential reading for those who want to understand Israels character, its relationship with the constitutional order, and its impact on society.

Reviews

What the author skillfully shows, with an impressive exposition of Israeli legal rationalizations, is how Israeli demographic concerns exerted a structural influence on lawmaking with respect to the differential rights of return enjoyed by Jews and Palestinians, as expressed in immigration laws and interpretations of citizen rights... Masris contribution... offers a frightening template for how law can serve the purposes of injustice if deployed even by individuals endowed with subjectivities of goodwill yet pursued for the sake of unworthy goals. -- Richard Falk * Journal of Palestine Studies *
The Dynamics of Exclusionary Constitutionalism is a welcome and long overdue contribution to Israeli constitutional scholarship, going far beyond the agonized hand-wringing of the balancing model. -- Darryl Li, University of Chicago * ICONnect *

Author Bio

Mazen Masri is a Senior Lecturer in Law at the City Law School, City, University of London.