Ben-Gurion's Opposition to a Written Constitution

Kedar, Nir

doi:10.1080/14725886.2012.757471

Cited by 19 publications

(1 citation statement)

References 5 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…On the other, written and adopted at a time when mass immigration to Israel had not yet taken place, such a document might not have been compatible with the social conditions that followed it and would become – as was raised in the Knesset – the beginning of a cultural war (Kedar, 2019, p. 75). Similar was the point of David Ben Gurion, who feared that ‘the ideological and cultural argument regarding the content of the constitution would [become] a Kulturkampf that would divert Israeli society’ (Kedar, 2013, p. 1).…”

Section: –1950: the Short And Unhappy Story Of (Not) Making The Israeli Constitution In The Context Of The Idea Of Verfassungmentioning

confidence: 81%

The JewishVerfassung, the Israelinomos: the constitutional situation of the beginnings of the State of Israel in the context of Carl Schmitt's political and legal philosophy

Engelking

2021

International Journal of Law in Context

View full text Add to dashboard Cite

The paper is an attempt to examine how Carl Schmitt's constitutional theory can be useful to analyse the Constitution of the State of Israel designed in the late 1940s – the impact of which Jacob Taubes once certified. The author analyses three projects created then by Leo Kohn through the prism of Schmitt's concept of Verfassung and Verfassungsgesetz. He also reads in the context of Schmitt's philosophy (from Constitutional Theory and The Nomos of the Earth) the constitutional situation of Israel as a country where, first, the Constitution has not been passed and the basic matter of its legal system is regulated by the Basic Laws; second, citizens of Arab origin are excluded from the national community; and third, the borders of the state remain fluid and change due to the constant partition of the land.

show abstract

Section: –1950: the Short And Unhappy Story Of (Not) Making The Israeli Constitution In The Context Of The Idea Of Verfassungmentioning

confidence: 81%