Legal expert Gavison objects to Israel’s proposed nation-state law

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Legislating identity will deepen disputes in Israeli society, warns Israel Prize winner in her recommendations for a 'softer' Basic Law.
By Revital Hovel | Nov. 19, 2014

Legislating the Jewish character of the state is liable to exacerbate conflicts within Israeli society and should not be done in the framework of coalition negotiations, says Prof. Ruth Gavison, who was appointed by Justice Minister Tzipi Livni to formulate a more nuanced version of the Jewish nation-state bill.

Gavison, an Israel Prize laureate in legal research, submitted her recommendations for defining the Jewish and democratic character of Israel, in response to various Knesset bills proposing a Basic Law anchoring Israel’s status as the nation-state of the Jewish people. Basic Laws have the force of constitutional law.

In her report, Gavison strongly objects to the anchoring of identity through legislation. She states that if a decision is made to pass such a Basic Law, this should be done as part of a broad process and not in the framework of coalition negotiations. “A strengthening of the vision of this state, including the emphasis on the vitality and centrality of its uniquely Jewish character, will be much better served through other diverse and targeted activities.”

Gavison writes that a “legalistic anchoring of this vision is not necessarily the most effective way of facing challenges. As we have seen, the legislative process itself, particularly when legislators wish for a speedy process based on power differentials, instead of basing it on a significant and open societal process of dialogue between different sectors and with communities in the Diaspora, becomes a polarizing and contrarian process. It will cause conflict rather than strengthening unity.”

http://www.haaretz.com/news/national/1.627312