Abstract
The chapter argues that colonialism is the critical framework of Israel’s constitutional identity in Palestine. It rejects claims of Israel being a ‘Jewish and democratic state’ granting group rights like liberal democracies do. Rather, both the Law of Return and the ‘value’ of ‘preserving a Jewish majority’ constitute the very essence of the Constitution in Palestine that targets Palestinians as such and refuses to recognize them. A case study shows that unlike the plurality of written laws that characterize colonial regimes, the Israeli legal system introduces a unique model in that racial domination is created mostly by decisionism of the Court, outside of the written laws, and regardless of any rule of recognition.
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