Krotov A.V. —
Constitutional and Political crisis in Israel: Revision of the idea of a national Jewish State
// Legal Studies. – 2023. – ¹ 9.
– P. 18 - 39.
DOI: 10.25136/2409-7136.2023.9.40881
URL: https://en.e-notabene.ru/lr/article_40881.html
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Abstract: In modern states, the process of "ideological search" has the property of permanence, while the activation of such a process, as a rule, is one of the symptoms of the constitutional and political crisis in the sphere of state-building. In newly formed states, the process of forming state ideology is becoming particularly relevant, which is due to the need to establish the state as a special political institution, determine the goals of its existence, ensure stable development, and form a national legal system.
The article examines the reasons for the activation of the processes of "ideological search" in the state of Israel, their relationship with the national constitutional and political crisis of 2023, analyzes the prospects for the development of the state of Israel as a national Jewish state. The use of a systematic, functional, historical research method, the study of the scientific works of P. A. Astafichev, A.V. Polyakov, B. S. Ebzeev, F. Hayek, S. Huntington, P. Anderson and other authors, allowed to formulate the author's interpretation of a number of terms: national ideology; constitutional ideology; state ideology; ideology of the ruling group. The author hypothesizes the following reasons for the constitutional and political crisis in the State of Israel: 1. an unsuccessful attempt to combine two opposites, liberal democratic values of the Western world with archaic provisions of Judaism; 2. the presence of the Lapierre paradox. The attitudes of ethnocentrism, actively imposed by the state authorities and based on references to the common history (of Jews), religious rituals of Judaism, do not correspond to the real behavior of the population of the country, its values, needs and interests, are in contradiction with the constitutional and national ideology; 3) the crisis of the idea of the nation-state.
It is proposed to single out as the ideological functions of the state: guaranteeing ideological freedom; ensuring the implementation of national and constitutional ideology; prohibiting the extreme form of ideology that affects the "viability" of the state, changing its most essential features. In conclusion, the author's vision of the vector of evolution of national states is also presented.
Krotov A.V. —
Right to national self-determination in the constitutional law of Israel
// Law and Politics. – 2019. – ¹ 12.
– P. 60 - 71.
DOI: 10.7256/2454-0706.2019.12.31482
URL: https://en.e-notabene.ru/lpmag/article_31482.html
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Abstract: In the processes of common globalization, the right to national self-determination gains high importance, and is one of the main principles within the legal systems of majority of states. The object of this research is the accumulation of constitutional law solutions, emerging in the area of constitutional law regulation, practice of implementation and protection of the right to national self-determination in Israel. The subject of this research is the Israel’s constitutional norms pertaining to this protection, in unity with the legal positions of the Supreme Court of Israel. The aim of this work is to study the peculiarities of establishment and development of the right to national self-determination within the legal system of Israel. The scientific novelty of this research consists in the fact that for the first time analysis is conducted on the content and reasons for adopting the Basic Law: Israel as the Nation-State of the Jewish People on July 19, 2018. The author determines the mismatch between the positions of the basic law “Israel as the Nation-State of the Jewish People” and the international documents ratified by Israel, Declaration of Independence of Israel, as well as presence of contradictions with the content of a number of other basic laws of Israel.