Abstract

The current state of the debate over Israeli democracy and the state of Israeli democracy itself are analyzed through the citizenship status of Israel's Palestinian citizens. The two main theoretical models featured in this debate—Smooha's "ethnic democracy" and Yiftachel's "ethnocracy"—are discussed, focusing on the 'framework decisions' that inform their arguments. After demonstrating that the question of Israeli democracy should be viewed dynamically and historically, it will be clear that the Israeli state has been evolving from non-democratic ethnocracy, though ethnic democracy, toward non-democratic majoritarianism. For each one of these phases, prior to October 2000, we analyze a seminal decision of the Supreme Court that highlighted the citizenship status of the Palestinian citizens during that phase. For the period since October 2000, we analyze the Or Commission report and its reception by the government to argue that Israel may be on its way to becoming a non-democratic majoritarian state.

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