Israel’s Attorney-General Opposes Controversial Nation-State Law but says it’s Legal

Israel’s attorney-general has weighed in on a proposed law that the political right has embraced and the left calls undemocratic. But Attorney-General Avichai Mendelblitt says that while he personally opposes it, the law, if passed, would be legal. At issue is a clause in what is known as the Nation-State Law – legislation that defines the state of Israel as the nation-state for the Jewish people – that says in deciding cases that pit the Jewish against the democratic character of the state, the Supreme Court/High Court of Justice must put the Jewish nature of the state first. The bill’s first controversial point comes with its assertion that, “the right to self-determination in the State of Israel is unique to the Jewish people, and that “the Land of Israel is the historical homeland of the Jewish people and the place of the establishment of the State of Israel.” The draft bill also calls for ambiguities in rulings will default to Jewish religious tractates of the Talmud. The text reads, “If the court faces a legal question requiring a decision and finds no answer to it in legislation, case law or by means of a clear analogy, it will rule based on the principles of freedom, justice, integrity and the peace of Jewish heritage.” A second bill whose critics argue could muddy the diplomatic waters and scuttle prospects for a peace agreement with the Arab world passed its first of three readings before the parliament. The bill entitled, “Jerusalem: The Capital of Israel” would require a super-majority of 80 out of 120 legislators to amend it – an arguably impossible threshold that virtually assures no changes can be made to the status of Jerusalem.