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[null,"1.","Record Nr.",null,"UNINA9910162765303321"]
[null,null,"Autore",null,"Masri Mazen"]
[null,null,"Titolo",null,"The dynamics of exclusionary constitutionalism : Israel as a Jewish and democratic state / / Mazen Masri"]
[null,null,"Pubbl/distr/stampa",null,"Oxford [UK] ; ; Portland, Oregon : , : Hart Publishing, , 2017"]
[null,null,"ISBN",null,"1-5099-0256-2"]
[{"$nulls":4},"1-5099-0255-4"]
[{"$nulls":4},"1-5099-0254-6"]
[null,null,"Descrizione fisica",null,"1 online resource (257 pages)"]
[null,null,"Collana",null,"Hart studies in comparative public law ; ; v. 13"]
[null,null,"Disciplina",null,"342.5694"]
[null,null,"Soggetti",null,"Constitutional history - Israel"]
[{"$nulls":4},"Constitutional law - Israel"]
[{"$nulls":4},"Religion and state - Israel"]
[{"$nulls":4},"Representative government and representation - Israel"]
[{"$nulls":4},"Israel Politics and government"]
[null,null,"Lingua di pubblicazione",null,"Inglese"]
[null,null,"Formato",null,"Materiale a stampa"]
[{"$nulls":3},"Livello bibliografico","Monografia"]
[{"$nulls":3},"Nota di bibliografia","Includes bibliographical references and index."]
[null,null,"Nota di contenuto",null,"1. Introduction -- I. Israel as a Jewish and Democratic State -- II. The People and Their Constitution: Theoretical Approaches -- III. Settler-colonialism -- IV. The Argument in a Nutshell -- V. Outline of the Book -- 2. A Jewish and Democratic State: Theoretical Justifications and Critiques -- I. Introduction -- II. The Ultra-nationalist Approach -- III. The Nationalists of the Liberal Nationalists -- IV. The Pragmatists of the Liberal Nationalists -- V. The Liberals of the Liberal Nationalists -- VI. Classic Liberal Approaches -- VII. Critical Approaches -- VIII. Conclusions -- 3. Locating the People in Israel: The Social Contract, the Basic Norm and the Beginnings of the State -- I. Introduction -- II. The People in Israel between Theory and Practice: Social Contract, Basic Norm and Nation -- III. Beginnings I: The Declaration of Independence and the Colonial Encounter -- IV. Beginnings II: The Declaration and the Constitution -- V. Summary and Conclusions -- 4. Engineering the People I: Law and the Dissolution of the Native Population -- I. Introduction: Immigration, Citizenship and the Numbers Game -- II. The First Years (1948-52) -- III. The Citizenship Law: Exclusion and Elimination by Other Means -- IV. Summary and Conclusions -- 5. Engineering the People II: The Legal Foundation of Settler Citizenship -- I. Introduction -- II. The Law of Return: Jews-only Immigration Policy "]
[{"$nulls":4},"-- III. Demography and Equality -- IV. Summary and Conclusions -- 6. Drawing the Red Lines: Political Representation and the Jewish and Democratic Definition -- I. Introduction -- II. The Evolution of a System of Exclusion: From Yerdor to Section 7A of Basic Law: The Knesset -- III. The Introduction of Section 7A of Basic Law: The Knesset and the Interpretation of Jewish and Democratic State -- IV. Debating Section 7A: Settler-colonialism, the People and Defensive Democracy -- V. The Jewish and Democratic Definition and the Elected Representatives -- VI. Summary and Conclusions -- 7. The Constitution in Action: Constitution-making, Law and Governance -- I. Introduction -- II. The Jewish and Democratic Definition in the Process of Constitution-Making -- III. Making Law: The Jewish and Democratic Definition of the State and Legislation -- IV. The Jewish and Democratic Definition in Other Legislation -- V. Conclusions and Summary"]
[{"$nulls":3},"Sommario/riassunto","\"What does Israel's 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. This book 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, it 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. This book is a timely intervention in an increasingly important question, and is essential reading for those who want to understand Israel's character, its relationship with the constitutional order, and its impact on society.\"--Bloomsbury Publishing."]