by Dror Eydar
The much-debated nation-state law, which defines Israel's status as the homeland of the Jewish people, is the answer to the constitutional revolution that took away the Jews' national identity in Israel
1.
"What are you afraid of?" The opponents of 
the recently passed nation-state law, which enshrines Israel's status as
 the nation-state of the Jewish people, keep asking. They callously 
dismiss the fears of the Jewish majority in Israel. After all, we, the 
Jews, have a long history of devastation – two national destructions, 
hundreds of wars against foreign invaders, two exiles (one of them 
lasting hundreds of years and including the expulsion of Jews from 
almost every place they sought to settle) and one Holocaust. Does that 
not justify a healthy dose of fear?
Even after the establishment of the State 
of Israel, the persecution didn't end. I'll put it another way: People 
who aren't afraid may not have the best grasp on reality.
2.
Regardless, fear is not the motivation 
behind the nation-state law. The chief motivation driving this 
legislation is the understanding that over the last 25 years, the 
balance between the legislature and the judiciary in Israel has been 
upset.
Until today, we naively went to the polls 
and believed that our vote would decide our future. We believed that our
 vote would be deciding factor. Societies are made up of so many 
different groups with so many different beliefs, how do people decide a 
society's future? We get together in one place, agree on the rules of 
the game and take a vote. Majority rules. Once upon a time, this was 
done in the marketplace or the agora, but today, it is the Knesset or 
parliament.
But one day, we discovered that someone had
 changed the rules. It's not the public that decides, by way of elected 
representatives, but rather a small unauthorized group that simply 
seized the power to decide our future based on their values. The letter 
of the law has long ceased to guide our Supreme Court. The court 
interprets the law and adapts it to its own views, or, more accurately, 
to what the court believes the law should be, even if the legislature 
legislated otherwise.
3.
How did this happen? It became possible 
thanks to former Chief Justice Aharon Barak's constitutional revolution.
 He turned Israel's Basic Laws into a constitution-to-be, and with years
 of legal interpretation, destroyed the equal footing shared by Israel's
 Jewish identity and its democracy. Within the confines of the court, 
Israel's Jewish identity became nothing more than declarative, a thin 
idea that mainly adapts itself to universal values, as understood by the
 Supreme Court justices, and only them.
4.
For many years, we have been disappointed 
by the court. The nation-state law is an attempt at redemption. 
Ironically, the forefathers of this law are in fact Aharon Barak and his
 faction. The citizens of Israel, by way of their elected 
representatives, are trying to restore some of the freedom they once 
had, before the court decided to educate us. I have reiterated this 
point many times: The Supreme Court justices, including Aharon Barak, 
are no better than we are at understanding values. Their job description
 does not include telling us what is good and what is bad, or defining 
for us what is true. All we've ever asked of them is to rule according 
to the law – to decide whether one act or another complies with or 
violates the existing, written law.
But they, in turn, adopted Plato's 
Republic, in which the philosopher king rules over the ignorant masses. 
They found a clever way to impose a tyranny of the minority over the 
majority. The nation-state law was designed to slightly rectify this 
gross imbalance. Judicial activism is guided by hubris and aggression – 
the belief that you understand better than others what is worthy and the
 aggressive tendency to dismiss the will of the voters. Basic Law: 
Israel as the Nation-State of the Jewish People, as it is known by its 
official name, offers the tools to restore some of the eroded Jewish 
identity.
5.
One proposal, to make the Declaration of 
Independence a law that would replace the nation-state law, is a joke. 
It is about as laughable as the nondescript, toothless nation-state 
bills submitted by Likud MK Benny Begin and by Yesh Atid leader Yair 
Lapid after him. It would be impotent and ineffectual. Neither here nor 
there, just like the general image that Yesh Atid is trying to sell the 
voters. Behind this proposal lies the strong will to perpetuate Barak's 
constitutional revolution, preserve the Supreme Court's power, dictate 
the public's values and keep the Knesset weak. The desired equality 
already exists – in individual and civil rights. Everyone is equal 
before the law.
6.
But when it comes to defining the State of 
Israel as the nation state of the Jewish people (or the state of the 
nation of Israel, but in this instance they are one and the same) – 
there is no equality. As a rule, equality is a relative matter, and it 
lends itself to interpretation. Each person has his own idea of 
equality. If the world "equality" were to be inserted into the 
nation-state law, gradually, like in the case of the constitutional 
revolution, the Aharon Barak school of thought might very well use it to
 strike down the Law of Return as failing to comply with the criteria of
 equality. Watch how leftists like Meretz and parts of the Labor party 
already have trouble talking proudly about Zionism – just think what 
would happen if we were trying to legislate the Law of Return today.
For the hundredth time, I repeat my call: 
Please read the nation-state law as it is written. It will be the best 
antidote for the propaganda that has been mounted against it.
7.
The exaggerated overuse of the words 
"racist," "fascist," "apartheid" and worse to describe the nation-state 
law hasn't convinced its supporters to reconsider. On the contrary, the 
public knows it isn't racist. The more the Left waves these accusations 
around, the more it will distance itself from the general public. The 
public, in turn, increasingly despises the accusatory Left. Thus, the 
Left perpetuates its political defeat. A healthy public will never vote 
for the camp that scorns it. Moreover, now that the nation-state law has
 drawn a clear line between its supporters and detractors, it is plain 
to see who has jumped on the anti-Zionist bandwagon, be it willingly or 
unwittingly, and denies the Jews' exclusive right to their land.
These deniers not only reject our right to 
the land, but they also deny our national identity. For years, the Arabs
 have argued that the Jews are part of a religion, not a nation. The 
global Left and its radical supporters in Israel claim that the Jewish 
national identity is a modern invention from the 19th century. The truth
 is that the European national identity was actually inspired by the 
national identity of the Israelites in the Bible.
8.
It is clear to anyone with a sound mind 
that the issue here is not race. The Jewish people have a right to 
self-determination in their only historical homeland. People who despise
 their enemy – an enemy who seeks to kill them and remove them from 
their home – are not racists. They are normal human beings. We were here
 long before Arab MKs Jamal Zahalka and Ahmad Tibi and Palestinian 
Authority President Mahmoud Abbas.
In the 7th century, the Islamic conqueror 
arrived in the land of Israel. But even after the conquest, no other 
national entity existed here. Zionism achieved true justice and restored
 the Jewish people to Zion. In court, when human rights activists file 
anti-national petitions against the Jews’ right to live as a nation in 
their land, the human rights activists usually win. This suggests that 
it is not "human" rights that the petitioners seek, but rather the 
erosion of Jewish rights to their land and to self defense. The 
nation-state law seeks to restore some of the justice to the Jews.
9.
When the Druze community became involved in
 the debate, arguing that the nation-state law ignores their enormous 
contribution to the state and brands them second class citizens as 
non-Jews, they did themselves a grave disservice. There is no 
correlation between the law, which speaks to the nationality issue, and 
the ethnic and religious groups living in Israel, whose issue is 
individual and civil rights. Riyad Ali, the prominent Druze journalist, 
gave a moving, emotional speech on television, but it had nothing to do 
with the law. By the same token he could have been a Mizrahi Jew 
accusing the Ashkenazi Jews of mistreatment. That, too, would have 
nothing to do with the nation-state law. Had there been a single 
supporter of the law in that television studio, they could have handed 
Ali a copy of the law and asked him: where are all these terrible things
 you are accusing us of?
10.
The conversation about the nation-state law
 is vital to our existence and to our future, because it touches on 
deeply rooted issues that we have been repressing for years. For the 
sake of the debate, it would be worthwhile to discuss the original 
intent of the forefathers of Zionism, but not just. The fact is that we 
have never been satisfied with just a limited vision of a "state for the
 Jews." We have argued about the vision of the Jewish state for 
generations.
Dror Eydar
Source: http://www.israelhayom.com/2018/08/03/the-jews-deserve-justice-too/
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