Contents.

This book analyses both the substance of Israel's National security law and the dynamics of its historical development. It examines the normative principles upon which Israel's national security law is based, institutional arrangements for the formulation and protection of national security law, and the style in which Israeli national security law is formulated.

This work deals with the different ways in which the law and national security considerations intersect with democracy in the state of Israel. Particular factors covered include emergency arrangements, civil and political rights, secret agencies and the matter of the occupied territories.

In David Ben-Gurion and the Foundation of Israeli Democracy, Nir Kedar offers a poignant study of the primary national founder of the State of Israel and the first prime minister of Israel. Kedar provides an explication of the making of Israeli democracy in terms of its institutional-legal structures and social-cultural underpinnings. David Ben-Gurion and the Foundation of Israeli Democracy connects the formal structures of democracy to the fundamental principles that they were constructed to serve—human freedom and dignity.

Terror attacks on western civilian targets have stimulated interest in the dilemmas faced by liberal societies when combating threats to national security. Combining the perspectives of political science and law, this book addresses that discourse, asking how democracies seek to harmonize the protection of individual liberties with the defence of state interests. The book focuses on the experience of Israel, a country whose commitment to democratic values has continuously been challenged by multiple threats to national survival. It examines the legal, legislative and institutional methods employed to resolve the dilemmas generated by that situation, and thus provides a unique interpretation of Israeli national security behaviour. Policy-making and policy-implementation in this sphere, it shows, have reflected not just external constraints but also shifts in the domestic balance of power between the executive, the legislature and the judiciary. The book concludes with an agenda of the measures that each branch of government needs to implement in order to repair the flaws that have developed in this system over time. Based on a close reading of legislative and court readings, the book proposes a new taxonomy for the analysis of national security legal frameworks, both in Israel and elsewhere in the democratic world. As such it will be of great interest to students and scholars of political science, national security law, Israeli history and civil-military relations.

In Israel's Higher Law, Steven V. Mazie sheds new light on the relationship between liberalism and religion through a detailed assessment of the Jewish state. Drawing on in-depth interviews with Israeli citizens, this compelling work scrutinizes the ways in which Israelis conceptualize and debate their polity's religion-state arrangement.

Abstract:

This book scrutinises how political actors in the Israeli parliament (the Knesset) have articulated the security-democracy nexus in their discourses. Security crises expose political leaders to an uncomfortable dilemma: guaranteeing the safety of citizens while at the same time preserving democratic principles, basic rights and liberties. In this respect, Israel represents an archetypical case. Defining itself as a democracy, the state of Israel has been in quasi-constant conflict with its neighbouring countries while facing terror attacks repeatedly. This situation has resulted in the upholding of the state of emergency since the establishment of the state in 1948 and in the enactment of security measures that are often in conflict with democratic values. The tension between security and democracy is not a new question: it has been at the centre of political thought from Rousseau and Locke to Lasswell and Dahl and stood at the core of political debates after 9/11 and the 2005 terror attacks in London. Many studies have questioned how political actors manage this tension or how they could – properly – balance security and democracy. Yet, in spite of the abundant literature on the issue, the manner in which political actors conceptualise and frame this tension has been rarely explored. Even less has been said on the effects of this conceptualisation on the democratic regime. Drawing on discourse theory and on an innovative narrative analysis, the book examines 40 debates held in the Knesset on security-oriented laws enacted in two different contexts: the period of relative calm preceding the first Palestinian intifada (1987) and the period following the eruption of the second intifada (2000). More specifically, three types of laws and discussions are examined: laws establishing a relation between freedom of expression and security; laws linking the category of 'the enemy' to democracy; and finally those connecting the right to family unification and residence of Palestinians with terrorism. Through a comparative analysis of the political actors’ discourses in 1985 and between 2000 and 2011, the study demonstrates that two main narratives have constantly competed: on the one hand a marginal narrative anchored in basic rights and on the other a defensive democracy narrative, which has become dominant. The latter has legitimised the restriction of freedom of expression, freedom to participate in elections, freedom of movement or the right to citizenship. The book shows how the increasing dominance of the defensive democracy narrative has had a fundamental impact in reshaping the polity and the identity of Israel’s democratic regime. The analysis ultimately opens the possibility to rethink the conventional approach of the security-democracy dilemma and to reflect on processes in other states, such as the United Kingdom or the United States during different security crises. This book will be of much interest to students of critical security studies, Israeli politics, democracy studies, political theory and IR in general.

More than seven decades after the founding of Israel, the momentum to establish a Jewish state has led to remarkable achievements in the nation's “hardware”: stable structures in government, the military, and the economy. At the same time, the “operating system,” the guidelines that accommodate human diversity and enable coexistence, is still riddled with weaknesses. Arye Carmon diagnoses the critical vulnerabilities at the heart of Israeli democracy and the obstacles to forming a sustainable national consciousness. The author merges touching narratives about his own life in Israel with insightful ruminations on the Jewish diaspora and the arc of Israel's history, illuminating the conflicts between Jewish identities and between democratic values and the halacha—the collective body of Jewish religious laws.There is no consensus on the characteristics that define Israel as a state that is both Jewish and democratic. Rather, the struggle between a secular and a religious Jewish identity, amid voices promoting ethnocentric nationalism, threatens to sever the ties that strengthen democracy.This cultural fragility has far-reaching implications for Israeli institutions and deepens societal rifts. Israel lacks a constitution to bind its democracy and a bill of rights to safeguard the freedoms of its citizens, enable the inclusion of diverse outlooks and beliefs, and underpin the norms of its civil society.

Moreover, Israel lacks the organizing structure and directing force provided by a written constitution.