Abstract
This dissertation explores the constitutional legal history of Israel from 1992 to 2013, following the passage of its Basic Law of Human Dignity and Liberty. This modern Jewish nation-state operates under a set of Basic Laws, as opposed to a written constitution, which collectively lays out the contours of state institutions. The vast gap between a Basic Law and a written Constitution, however, has created interpretive uncertainty with far-reaching implications for state institutional boundaries, the equality of rights, and the role of nationalism in the courtroom. By looking at Supreme Court cases in Israel from the 1990s and the early 2000s, I draw on the specific instances where the boundaries of individual claims to basic right are challenged and redefined. Land, family, and religion—watchwords of nationalism in the 20th century as much as in the 21st—became subject to the most contentious and contested claims in this legal tug of war and are the focus of my main chapters. The final chapter brings together the themes of land, family, and religion as inflecting cases regarding the use of cemeteries. This framework provides an overlay to the otherwise disparate legal, ideological, and emotional nuances of the main themes. Engaging various theories of nationalism and jurisprudence, the study shows how the Basic Law of Human Dignity is interpreted as constitutional and human rights law. The Basic Law of Human Dignity disrupted the balance of power in favor of individual rights, but fell short of being the constitutional revolution imputed to it by both admirers and critics. Human dignity, the substantive core of this Basic Law, emerged as a bold legal tool that was nonetheless circumscribed by the evolving national component of Israel’s legal heritage.