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21 Theoretical Inq. L. 459 (2020)
How the Law of Return Creates One Legal Order in Palestine

handle is hein.journals/thinla21 and id is 478 raw text is: How the Law of Return Creates One Legal Order in Palestine Hassan Jabareen * The prevailing discourse in Israeli academia on justifying the values of Israel as a Jewish and democratic state takes the form ofa debate involving questions ofgroup rights ofa national minority, as in any liberal democracy. The framework of this discourse relies on three interconnected, hegemonic assertions. These assertions assume the applicability ofequal individual rights, put aside the Occupation of the West Bank and Gaza as irrelevant for the Jewishness ofthe state as it belongs to a different rule of recognition, and conceptualize the Green Line based on majority-minority relations with Jewish group rights, including the Law ofReturn, as not leading to discrimination against individuals. I contend that these assertions are invalid and that colonialism is the relevant framework oflsrael constitutional identity in Palestine (the Green Line, the West Bank including Jerusalem and Gaza). I argue there is one Constitution in Palestine based on one conception ofsovereignty, regardless ofany rules ofrecognition where the Law ofReturn, together with the value of preserving a Jewish majority, constitutes its very essence that targets the Palestinians as such. The Article presents a case-law study regarding family life between spouses and their children in Palestine. This case-law reveals * Dr. Hassan Jabareen is the General Director of Adalah - The Legal Center for Arab Minority Rights in Israel and an Adjunct Lecturer in the Law Faculty of Tel Aviv University. Cite as: Hassan Jabareen, How the Law ofReturn Creates One Legal Order in Palestine, 21 THEORETICAL INQUIRIES L. 459 (2020). I would like to thank Barak Medina and Paul Kahn for their thorough comments and challenges on an earlier draft; my former colleague at Adalah, Orna Kohn, from whom I learned a lot about family unification cases; the participants in the symposium for this volume; the participants in the seminar of the Law Faculty of Hebrew University for their comments; Doreen Lustig and the editors of this journal for their comments and suggestions; finally, yet importantly, my wife Rina with whom I discussed the ideas presented here for years and who always encouraged me to complete this project.

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