Papers by Mazen Masri
Rethinking Statehood in Palestine Self-Determination and Decolonization Beyond Partition , 2021
Mazen Masri, ‘An Assessment of Possible Constitutional Frameworks for a One State Option’, in Lei... more Mazen Masri, ‘An Assessment of Possible Constitutional Frameworks for a One State Option’, in Leila Farsakh, (Ed.), Rethinking Statehood in Palestine Self-Determination and Decolonization Beyond Partition (Oakland, California: University of California Press, 2021) 225–252.
When Richard Spencer, one of the leaders of the Alt-Right movement in the United States, says tha... more When Richard Spencer, one of the leaders of the Alt-Right movement in the United States, says that he is a "White Zionist", and that he wants white people "to have a secure homeland that for us and ourselves just like you want a secure homeland in Israel", he is often faced with an outpour of scorn from audiences that do not subscribe to his ideology. His ideas are dismissed as fantasies of a white supremacist emboldened by the rise of Trump in the US and other right-wings parties in the rest of the world. But when he says that he "turns to Israel for guidance" as "the most important and perhaps the most revolutionary ethno-state", some have reasonsbeyond the racism of the movement and the speaker-to resent the analogy he makes. Liberal-Zionist thinkers would usually balk at such an admirer, citing a range of reasons and texts in making the argument that Israel is a liberal democracy, But the Knesset (Israel's legislature) has made their task harder by passing a new basic law, essentially a constitutional statute which together with other basic laws is seen as Israel's formal albeit incomplete constitution.
Many constitutional questions in Israel are dealt with through the lens of the nation-state parad... more Many constitutional questions in Israel are dealt with through the lens of the nation-state paradigm where the state is constitutionally associated with an ethnically and religiously defined majority group. Thus, many of the challenges that face Israeli society and the legal system are often presented as a result of an exceptionally antagonistic majority-minority relationship in a nation-state. This article offers a novel way of analysing the Israeli constitutional regime using the framework of settler-colonialism. It argues that adding the settler-colonial lens will help better understand many features of Israeli constitutional law. Drawing on theoretical frameworks developed by theorists of colonialism, the article explores a number of foundational aspects of Israeli constitutional law and demonstrates how they were shaped, and continue to be shaped, by settler-colonialism. The article argues that settler-colonialism is one of the central features that animate Israeli constitutional law.
An online symposium on The Dynamics of Exclusionary Constitutionalism: Israel as a Jewish and De... more An online symposium on The Dynamics of Exclusionary Constitutionalism: Israel as a Jewish and Democratic State (Hart Publishing), a forthcoming book by Mazen Masri. Masri’s book is an important intervention in ongoing debates over Israel’s legal system and shows that no such debate can ignore the state’s constitutive exclusion of Palestinians.
Below is an edited excerpt from Masri’s book. To read a response by Hassan Jabareen, click here. Over the coming days, we will post another response from K-Sue Park, followed by a rejoinder from Mazen Masri.
Partitioning historic Palestine into two states is often presented as the most plausible solution... more Partitioning historic Palestine into two states is often presented as the most plausible solution to the Israeli-Palestinian conflict. This article examines the potential impact of such a development on the Palestinian citizens of Israel (PCI), primarily from the vantage point of Israel’s constitutional regime. The article explores three fundamental aspects of the Israeli constitutional system—its instability, the “Jewish and democratic” definition of the state, and the exclusion of the PCI from “the people” as the unit that holds sovereignty—and argues that the envisaged two-state solution will only reinforce the definition of Israel as a Jewish state and consequently provide further justification for the infringement on the rights of its Palestinian citizens.
This article examines the legal consequences of the acquisition of a new nationality for the righ... more This article examines the legal consequences of the acquisition of a new nationality for the right of return of Palestinian refugees. The article argues that since the right of return is independent of the refugee status, the cessation of the latter should not necessarily abrogate the former. By examining the underpinnings of the right of return to one’s own country, especially the link between the individual and her territory, this article argues that this link is somehow weakened in a situation of naturalization in a different country. However, this weakening of the link should not automatically lead to the deprivation of rights. The circumstances that lead refugees to leave their country of origin, the circumstances preventing their return, and the decisions made by the individuals in view of their available options should be examined.
Social & Legal Studies
This article considers a recent decision by the Supreme Court of Israel dealing with the right to... more This article considers a recent decision by the Supreme Court of Israel dealing with the right to family unification of Palestinian citizens of Israel (PCI) (the Citizenship and Entry to Israel Law- 2003). By situating the decision in the broader debate on Israel’s constitutional definition as a Jewish and democratic state, the article examines patterns where the definition plays an important role in defining the nature of the citizenship held by PCI and the limits of their rights. This examination focuses on three main issues that arose in the case: the scope of the protection of the right to family life, the comparative method used by some of the Justices to limit that right, and statements about the legitimacy of demographic considerations in devising immigration policies. This analysis demonstrates how the arguments and justifications used by the Court may provide building blocks for a legal framework that is proceeding in the direction of institutionalizing separate hierarchical categories of citizenship.
We managed to create a non-violent body to struggle and fight against the apartheid wall. This bo... more We managed to create a non-violent body to struggle and fight against the apartheid wall. This body is called the Ni'ilin Committee Against the Wall. It includes organizations and activists that decided to fight the wall in a peaceful and non-violent way. And when we say peaceful way we mean that we cannot fight the occupation with armed resistance because we know that they are stronger than us. But this non-violent struggle is a message to the world that we are refusing this wall and occupation, we refuse the Israeli plan that wants to kill us. We send a message that this wall is illegal, and we are saying it is an unfair apartheid system, and we are sure that it will not last forever. Sooner or later, there will come an age, if not in our day then for our kids, when we will be celebrating the victory of tearing down this wall.
This article will examine the extent of the applicability of academic freedom in relation to scho... more This article will examine the extent of the applicability of academic freedom in relation to scholarship on the Israeli-Arab conflict. This will be done by comparing two conferences that took place in the same city at almost the same time, both dealing with issues pertaining to Israel, Palestine, and the Middle East conflict. The article will argue that in reality, academic freedom is relative. The level of protection in fact varies according to the power that interested parties wield and the identities at play, and the vulnerability of scholars is usually a reflection of the current power dynamics in the nonacademic world. This differential applicability of academic freedom is the result of uneven application of academic standards and sometimes the creation of standards that are expected to apply solely to scholarship on the Middle East and the Israeli-Arab conflict that is not "pro-Israel." This uneven and differential protection may become a threat to academic freedom.
Drafts by Mazen Masri
An Unconstitutional Constitution? Unamendability in Constitutional Democracies, Richard Albert & Bertil Emrah Oder (eds)
This chapter explores unamendability in Israel. Even though Israel has no full or formal constitu... more This chapter explores unamendability in Israel. Even though Israel has no full or formal constitution, and no specific amendment rules, two forms of unamdenability could be identified. The first form is concealed unamendability, which prevents certain kinds of amendments through controlling the composition of the Knesset (the legislature which also has the power enact and amend constitutional Basic Laws). The second is judicially-introduced unwritten unamendability. Unamendability in both cases aims to protect Israel's definition as a Jewish and democratic state. The chapter will examine both forms of unamendability and the functions they serve, highlighting the expressive and the preservative functions. It will also examine the implications of unamendability for constitutionalism in Israel emphasizing the impact of entrenching particular values such as the Jewish definition and its contribution to creating a hierarchy among the citizenry and the entrenchment of favourable status for certain groups.
Books by Mazen Masri
Introduction to the book 'The Dynamics of Exclusionary Constitutionalism Israel as a Jewish and D... more Introduction to the book 'The Dynamics of Exclusionary Constitutionalism Israel as a Jewish and Democratic State'
What does Israel's definition as a 'Jewish and democratic' state mean? How does it affect constitutional law? How does it play out in the daily life of the people living in Israel? This book provides a unique and detailed examination of the consequences of the 'Jewish and democratic' definition. It explores how the definition affects the internal ordering of the state, the operation of the law, and the ways it is used to justify, protect and regenerate certain features of Israeli constitutional law. It also considers the relationship between law and settler-colonialism, and how this relationship manifests itself in the constitutional order.
The Dynamics of Exclusionary Constitutionalism offers a novel perspective on the Jewish and democratic definition rooted in constitutional theory and informed by a socio-legal approach. Relying on a wide range of court cases and statutes as well as secondary sources, the book shows how the definition is deeply embedded in the constitutional structure, and operates, as a matter of law, in a manner that concentrates political power in the hands of the Jewish citizens and excludes the Palestinian Arab citizens in Israel from the political process.
Mazen Masri's study is a timely intervention in an increasingly important question, and is essential reading for those who want to understand Israel's character, its relationship with the constitutional order, and its impact on society.
Book Reviews by Mazen Masri
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Papers by Mazen Masri
Below is an edited excerpt from Masri’s book. To read a response by Hassan Jabareen, click here. Over the coming days, we will post another response from K-Sue Park, followed by a rejoinder from Mazen Masri.
Drafts by Mazen Masri
Books by Mazen Masri
What does Israel's definition as a 'Jewish and democratic' state mean? How does it affect constitutional law? How does it play out in the daily life of the people living in Israel? This book provides a unique and detailed examination of the consequences of the 'Jewish and democratic' definition. It explores how the definition affects the internal ordering of the state, the operation of the law, and the ways it is used to justify, protect and regenerate certain features of Israeli constitutional law. It also considers the relationship between law and settler-colonialism, and how this relationship manifests itself in the constitutional order.
The Dynamics of Exclusionary Constitutionalism offers a novel perspective on the Jewish and democratic definition rooted in constitutional theory and informed by a socio-legal approach. Relying on a wide range of court cases and statutes as well as secondary sources, the book shows how the definition is deeply embedded in the constitutional structure, and operates, as a matter of law, in a manner that concentrates political power in the hands of the Jewish citizens and excludes the Palestinian Arab citizens in Israel from the political process.
Mazen Masri's study is a timely intervention in an increasingly important question, and is essential reading for those who want to understand Israel's character, its relationship with the constitutional order, and its impact on society.
Book Reviews by Mazen Masri
Below is an edited excerpt from Masri’s book. To read a response by Hassan Jabareen, click here. Over the coming days, we will post another response from K-Sue Park, followed by a rejoinder from Mazen Masri.
What does Israel's definition as a 'Jewish and democratic' state mean? How does it affect constitutional law? How does it play out in the daily life of the people living in Israel? This book provides a unique and detailed examination of the consequences of the 'Jewish and democratic' definition. It explores how the definition affects the internal ordering of the state, the operation of the law, and the ways it is used to justify, protect and regenerate certain features of Israeli constitutional law. It also considers the relationship between law and settler-colonialism, and how this relationship manifests itself in the constitutional order.
The Dynamics of Exclusionary Constitutionalism offers a novel perspective on the Jewish and democratic definition rooted in constitutional theory and informed by a socio-legal approach. Relying on a wide range of court cases and statutes as well as secondary sources, the book shows how the definition is deeply embedded in the constitutional structure, and operates, as a matter of law, in a manner that concentrates political power in the hands of the Jewish citizens and excludes the Palestinian Arab citizens in Israel from the political process.
Mazen Masri's study is a timely intervention in an increasingly important question, and is essential reading for those who want to understand Israel's character, its relationship with the constitutional order, and its impact on society.