The Jewish and Democratic State

• Study notes on a Jewish and democratic state.

Citizenship

• Someone with legal status, rights, and obligations in a country is a citizen.

State Components

• Government (שלטון): The body that runs the state's affairs.
  • Has authority over the population, derived from the form of government.
  • Authority in a democracy comes from citizen votes.
  • Authority in dictatorship comes from leaders.
• Sovereignty (ריבונות): Government's capability to manage internal and external affairs without foreign involvement.
• Territory (טרטריה): Land with defined borders on water, land, and air.
  • The state can use natural resources, control who enters, and jail criminals within this territory.
• Population (אוכלוסיה): People living within a state's borders.
  • Most are citizens, but some are residents like foreign workers.
• International Recognition (הכרה בין לאומית): Acknowledgement of a state's sovereignty by other states or foreign bodies.
  • Grants legal status in international law.

International Recognition

• Expressed through:
  • UN recognition.
  • Representation in international institutions.
  • Respecting borders.
  • Diplomatic and economic relations with countries.

Background to the Creation of a Jewish State

• Balfour Declaration: A letter from the British foreign minister to Lord Rothschild.
  • Declared British support for creating a national Jewish homeland in Palestine.
• The Mandate Document: League of Nations document giving England authority to create a national Jewish homeland in Palestine in 1922.
  • The mandate extended to both banks of the Jordan River.
  • Fulfilled the Balfour Declaration and preserved civil and religious rights for non-Jews in Israel.
• Declaration of Independence: Declared the creation of Israel and was signed by David Ben-Gurion on 14.5.48 in Tel Aviv.
  • Comprises of a historical part, a practical part declaring the state, principles, appeals to different identities, and signatures.

Historical Justifications for Israel

• Historical Justification (הצדקת היסטורית): Claims the jews were created in Israel as a nation, lived independently, and gave the world the bible.
  • Jews constantly sought to return to Israel, and the Zionist movement made Aliyah and cultivated the land.
  • The Holocaust highlights the need for a safe Jewish state.
  • Politically, Jews aided the British against Nazis.
• International Justification (בין לאומי): Justifications based on international agreements such as the Balfour Declaration, the Mandate Document, and partition plans.
• Natural Justifications (טבעי): Claims of a universal right for every nation to have its own state.

Practical Part of Declaration

• Focuses around the declaration of a Jewish state in Israel.
• Names the state Israel and identifies bodies to run Israel until future elections are possible in the future.
• There will be a constitution.
• Israel will be open to Jewish immigration.
• Will be based on freedom, justice, and peace from the prophets of Israel.
• Guarantees equal social and political rights regardless of sex, race, or religion.
• Promises to develop the land, ensure freedom of religion, language, education, culture, and protect holy sites, and it will cooperate with the UN.

Appeals

• Appeals to Arabs living in Israel for peace and state-building, appropriate representation in different goverment institutions.
• Make peace with Arab states and collaborate for Middle East growth.
• Calls Jews in the diaspora to support Israel and make Aliyah.
• Asks the UN to fulfill the partition plan and recognize Israel.

Jewish State Characteristics in Declaration

• Declares Israel is a Jewish state.
• Eases Jewish immigration.
• Promotes freedom, justice, and peace based on the prophets.
• Asks global Jews to stand in solidarity with Israel.

Democratic State Characteristics in Declaration

• Equal rights regardless of race or culture.
• Promises freedom of religion and education.
• Will abide by UN rules.
• Calls on Arabs to maintain peace for equal citizenship.
• Pledges to protect all religions' holy sites and commits to developing the state.

Laws and Symbols

• Israel's Jewish character is expressed through laws about Judaism and symbols like the flag, emblem, national anthem, and Jewish calendar.
• Status Quo Agreement:
  • An agreement to maintain the existing balance between religious and secular practices in the state.
  • Covers Shabbat observance, kosher standards, marriage/divorce laws, and religious education.

Jewish State

• Israel sees itself as a center for Jews worldwide and encourages Aliyah through various programs, including education and aid to persecuted communities.
• Diaspora Jews support Israel through donations, political advocacy, tourism, and support during conflicts.

Identities

• Types of identity: Civil, national, and religious.
• Civil identity: Connection to the state.
• National identity: Pertains to ethnicity.
  • Examples of nationalities in Israel: Jewish, Arab, Palestinian, Armenian, Bedouin, Druze, and Charkessim.
• Religious identity: Alignment with a religion.

Democratic State

• Democratic state: Two types of democracy exist, direct and indirect/representative.
• Direct democracy: Citizens directly legislate laws.
• Indirect/representative democracy: Citizens elect representatives.
• Representative democracy: Comprises of three branches.

Branches

• Legislative (הרשות המחוקקת): Makes laws.
• Executive (הרשות המבצעת): Enforces laws.
• Judicial (הרשות השופטת): Interprets laws.

Principles of Democracy

• Rule of the people (עקרון שלטון העם).
• Rule of pluralism (עקרון הפלורליזם).
• Rule of tolerance (עקרון הסבלנות).
• Rule of consensus (עקרון הסכמיות).
• Rule of majority (עקרון הכרעת הטוב).
• Regulation of government (עקרון הגבלת שלטון).
• Separation of powers (עקרון הפרדת הרשויות).
• Rule of law (עקרון שלטון החוק).

Rule of The People

• A democratic government is composed of elected representatives for a limited term that act according to the will of the people.
• Parliamentary system: Voters choose the legislative branch, which then chooses the executive branch.
• Presidential system: Voters directly elect officials to the legislative and executive branches.

Pluralism

• Recognizes and encourages diverse ideas and groups, allowing all to pursue their goals.
• Tolerance respects differing beliefs, prevents conflict, and must be upheld by individuals and the government.
• Consensus requires wide agreement on core issues.

Human and Civil Rights

• Human rights: Basic rights inherent to all humans, that must be protected by states include things like political and civil rights, social and economic rights, and minority culture rights.
• Freedom: Different because the government just has to allow it to exist, it is not required to protect it.
• Policies related to right for equality
• Policy of discrimination: Policies against discrimination.

The Right for Due Process: Guarantees fair legal procedures, and the following apply to everyone under prosecution:

• Right to a lawyer.
• Right to know charges and evidence.
• Right to a public trial.
• Principle of regulation of government: prevents corruption and protects rights involving checks and balances by opposition, legislation, budget monitoring, investigative committees, elections, and public organizations.
• Public opinion is expressed through protests, letters, etc.

Rule of Law

• Obligation to follow the laws that apply equally to all residents.
• Laws are legislated, clearly written, and publicized.

Democratic elections

• General: Citizens vote and run for office based on the required age limit .
• Equal: Each vote has the same value.
• Periodic: Elections are held regularly.
• Secret: Ballots are private.
• Principle of tolerance, pluralism, and majority rule are expressed in elections.
• Elections are conducted by dividing the knesset seats.
• The Knesset: 120 members elected every four years that legislate laws.
• The Knesset speaker is voted by the Knesset members and is typically from whatever party has the most votes.

Roles of The Head Of The Knesset

• Taking care of the Knesset
• Representing the Knesset.
• Regarding the dignity of the Knesset
• Making sure the תקנון is applied.
• Deciding when and what are the meetings about
• Manages the meetings
• Presents the topic to vote for and counts the votes.
• Keeping immunity of the Knesset members
• Takes care of all the members in the Knesset

Factions

• If the president of Israel is unable to work then he fills in for him.
• Knesset divides into coalition (majority) and opposition.
• The coalition are a group of political party's that were voted in and formed deals with each other to become majority of the Knesset seats 61 its also the basses for the executive branch.
• Opposition: Factions not in the coalition that propose alternatives, regulate the government, and represent minorities they suggest votes of non confidence.
• Plenum (מליאה): It's the big room/hall where they vote and talk about topics, here most work and decisions are made.

Roles of The Knesset

• Constituent: Legislates on matters related to Israel's constitution
• Legislator: Only body allowed to legislate laws.
• Regulator: The power to regulate the executive branch, through votes, committees, votes of non-confidence, budget decision, legislation and demanding that private and government information to be released and state comptroller.
• Appointment and investigation roles.
• Representation of citizens.
• Executive Branch (רשות המבצעת): Implements government made of the prime minister, ministers, and administrative clerks.
• Relies on confidence in the Knesset.
• The Knesset regulates the Executive Branch
• Holds the authority to make decisions on major issues for the country.