Colonial Imprints: Settler-Colonialism As a Fundamental Feature of Israeli Constitutional Law

Abstract

Many constitutional questions in Israel are dealt with through the lens of the nation-state paradigm where the state is constitutionally associated with an ethnically and religiously defined majority group. Thus, many of the challenges that face Israeli society and the legal system are often presented as a result of an exceptionally antagonistic majority-minority relationship in a nation state. This article offers a novel way of analysing the Israeli constitutional regime using the framework of settler-colonialism. It argues that adding the settler-colonial lens will help better understand many features of Israeli constitutional law. Drawing on theoretical frameworks developed by theorists of colonialism, the article explores a number of foundational aspects of Israeli constitutional law and demonstrates how they were shaped, and continue to be shaped, by settler-colonialism. The article argues that settler-colonialism is one of the central features that animate Israeli constitutional law.

Keywords: Settler-colonialism; Israel; Constitutional law; Jewish and Democratic

JEL Classification: K19, K39