Tesi etd-06192024-164024 |
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Tipo di tesi
Tesi di laurea magistrale
Autore
IANNACCONE, RICCARDO
URN
etd-06192024-164024
Titolo
Balancing Liberal Democracy and Ethnocentrism: The Nation-State Law and Nationality and Entry into Israel Law (2003-2022)
Dipartimento
CIVILTA' E FORME DEL SAPERE
Corso di studi
STORIA E CIVILTÀ
Relatori
relatore Prof.ssa Ferrara Degli Uberti, Carlotta
Parole chiave
- Citizenship
- Equality
- Ethno-Nationalism
- Immigration Policy
- Nation-State Law
Data inizio appello
05/07/2024
Consultabilità
Non consultabile
Data di rilascio
05/07/2064
Riassunto
This thesis embarks on a profound exploration of the ethno-nationalist dimensions inherent in significant Israeli legislations, revealing their legal nuances and historical and theoretical foundations. It navigates the history behind the laws' enactment and theoretical-philosophical inquiry to unravel the complex fabric of Israeli citizenship, aiming to understand the fundamental essence of these laws and their implications for equality, democracy, and national self-determination.
The first chapter delves into the ethnocentric implications of the Basic Law: Israel as the Nation-State of the Jewish People, enacted in 2018. This law firmly establishes that Israel is the nation-state solely for the Jewish people, granting the exclusive right to national self-determination to Jews within Israel. The chapter examines the law's content, the political circumstances of its enactment, and its alignment with the principles of liberal nationalism as articulated by Yael Tamir. It critically assesses the Bill's exclusionary nature, contrasting it with liberal democratic values of equality and inclusiveness, and explores the theoretical standpoint of Israel as an ethnic democracy proposed by scholars Sammy Smooha and Yoav Peled.
The second chapter explores the multifaceted landscape of citizenship in Israel, revealing distinctions between first-class and second-class citizens within the frameworks of liberal and republican citizenship. It examines the historical evolution of citizenship laws, such as the Law of Return of 1950 and the Nationality Law of 1952, which embody Israel's commitment to its Jewish identity while marginalizing Palestinians. A significant focus is on the Nationality and Entry into Israel Law of 2003, which restricts the ability of Palestinian citizens of Israel to obtain citizenship for their family members through naturalization. The chapter discusses the demographic concerns and political debates surrounding this law, highlighting ongoing patterns of ethnic preference and exclusion.
The third chapter evaluates the impact of the Temporary Law on the right to equality of Palestinian citizens of Israel, focusing on the Adalah v. Minister of Interior case of 2006. It reconstructs the key positions of Judges Barak, Cheshin, and Procaccia, critiquing the assumption that security reasons are the primary motivation behind the law. The chapter explores diverse perspectives on liberalism, immigration control, and the tension between universalist and nationalist approaches. It critiques the majority-minority argument and proposes a liberal-universalist theory that emphasizes equal opportunities and fair institutions to foster a sense of belonging and solidarity among citizens.
In conclusion, this thesis illustrates the significant ethnocentric implications of pivotal Israeli laws within society. By exploring their historical, theoretical, and legal dimensions, it unveils their profound impact on Israel's societal evolution. The complex dynamics between Jewish and Palestinian communities, national self-determination, and immigration laws converge to shed light on broader themes of identity, power, and the state's role in shaping citizens' lives. This thesis provides a nuanced understanding of Israel's legal landscape and its broader implications for equality, democracy, and national self-determination.
The first chapter delves into the ethnocentric implications of the Basic Law: Israel as the Nation-State of the Jewish People, enacted in 2018. This law firmly establishes that Israel is the nation-state solely for the Jewish people, granting the exclusive right to national self-determination to Jews within Israel. The chapter examines the law's content, the political circumstances of its enactment, and its alignment with the principles of liberal nationalism as articulated by Yael Tamir. It critically assesses the Bill's exclusionary nature, contrasting it with liberal democratic values of equality and inclusiveness, and explores the theoretical standpoint of Israel as an ethnic democracy proposed by scholars Sammy Smooha and Yoav Peled.
The second chapter explores the multifaceted landscape of citizenship in Israel, revealing distinctions between first-class and second-class citizens within the frameworks of liberal and republican citizenship. It examines the historical evolution of citizenship laws, such as the Law of Return of 1950 and the Nationality Law of 1952, which embody Israel's commitment to its Jewish identity while marginalizing Palestinians. A significant focus is on the Nationality and Entry into Israel Law of 2003, which restricts the ability of Palestinian citizens of Israel to obtain citizenship for their family members through naturalization. The chapter discusses the demographic concerns and political debates surrounding this law, highlighting ongoing patterns of ethnic preference and exclusion.
The third chapter evaluates the impact of the Temporary Law on the right to equality of Palestinian citizens of Israel, focusing on the Adalah v. Minister of Interior case of 2006. It reconstructs the key positions of Judges Barak, Cheshin, and Procaccia, critiquing the assumption that security reasons are the primary motivation behind the law. The chapter explores diverse perspectives on liberalism, immigration control, and the tension between universalist and nationalist approaches. It critiques the majority-minority argument and proposes a liberal-universalist theory that emphasizes equal opportunities and fair institutions to foster a sense of belonging and solidarity among citizens.
In conclusion, this thesis illustrates the significant ethnocentric implications of pivotal Israeli laws within society. By exploring their historical, theoretical, and legal dimensions, it unveils their profound impact on Israel's societal evolution. The complex dynamics between Jewish and Palestinian communities, national self-determination, and immigration laws converge to shed light on broader themes of identity, power, and the state's role in shaping citizens' lives. This thesis provides a nuanced understanding of Israel's legal landscape and its broader implications for equality, democracy, and national self-determination.
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