Immigration Rights and the Demographic Consideration
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Yaacov Ben-Shemesh
Attaining and maintaining a substantial Jewish majority in Israel has been one of the basic goals of the State of Israel since its early years. A substantial Jewish majority within the borders of the state is thought to be necessary in order to preserve its Jewish nature. Many believe that the demographic consideration also stood behind the enactment of the Citizenship and Entry into Israel Law (Temporary Provision), 2003, which prohibits granting Israeli citizenship and residency to Palestinians from the West Bank and the Gaza Strip, and prevents, inter alia, Israeli Arabs from living in Israel with their Palestinian spouses.I examine the legitimacy of the demographic consideration from the perspective of liberal political theory. I conclude that demography can, in principle, be a legitimate consideration in deciding immigration policy, and its justification can be derived from the liberal justification of the right to national self-determination. However, the demographic consideration must be assigned its proper role and weight relative to other important liberal values such as equality and other human rights. I suggest that the demographic consideration might be legitimate only to the extent that it is not used to justify immigration policies that violate constitutional rights.I then discuss the Supreme Court decision concerning the constitutionality of the Citizenship and Entry into Israel Law. I demonstrate that, contrary to statements by the judges themselves, the demographic consideration played a key role in the opinions of several judges. It was, however, a hidden consideration. It was not openly acknowledged and discussed. Consequently, a careful examination and balancing of the demographic consideration could not take place. The result was that the actual influence of the demographic consideration on the outcome of the case was much stronger than can be reasonably justified according to liberal principles of justice.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
Artikel in diesem Heft
- Article
- Foreword
- Democracy, Demography, and Sovereignty
- Benhabib on Democratic Iterations in a Global Order
- Liberal Laws V. the Law of Large Numbers, or How Demographic Rhetoric Arouses Anxiety (in Germany)
- Demography, Human Rights, and Diversity Management, American-Style
- Comparative Citizenship: A Restrictive Turn in Europe?
- Comparative Citizenship: A Restrictive Turn in Europe and a Restrictive Regime in Israel: Response to Joppke
- A Feminist Perspective on Natality Policies in Multicultural Societies
- The Blessing of Departure: Acceptable and Unacceptable State Support for Demographic Transformation: The Lieberman Plan to Exchange Populated Territories in Cisjordan
- Redrawing Maps, Manipulating Demographics: On Exchange of Populated Territories and Self-Determination
- A Different Departure: A Reply to Shany's "Redrawing Maps, Manipulating Demographics: On Exchange of Populated Territories and Self-Determination"
- Nationalist Priorities and Restrictions in Immigration: The Case of Israel
- Notes on the Value of Theory: Readings in the Law of Return-A Polemic
- Immigration Policy: Between Demographic Considerations and Preservation of Culture
- Immigration Rights and the Demographic Consideration
- Citizenship and Its Erosion: Transfer of Populated Territory and Oath of Allegiance in the Prism of Israeli Constitutional Law
Artikel in diesem Heft
- Article
- Foreword
- Democracy, Demography, and Sovereignty
- Benhabib on Democratic Iterations in a Global Order
- Liberal Laws V. the Law of Large Numbers, or How Demographic Rhetoric Arouses Anxiety (in Germany)
- Demography, Human Rights, and Diversity Management, American-Style
- Comparative Citizenship: A Restrictive Turn in Europe?
- Comparative Citizenship: A Restrictive Turn in Europe and a Restrictive Regime in Israel: Response to Joppke
- A Feminist Perspective on Natality Policies in Multicultural Societies
- The Blessing of Departure: Acceptable and Unacceptable State Support for Demographic Transformation: The Lieberman Plan to Exchange Populated Territories in Cisjordan
- Redrawing Maps, Manipulating Demographics: On Exchange of Populated Territories and Self-Determination
- A Different Departure: A Reply to Shany's "Redrawing Maps, Manipulating Demographics: On Exchange of Populated Territories and Self-Determination"
- Nationalist Priorities and Restrictions in Immigration: The Case of Israel
- Notes on the Value of Theory: Readings in the Law of Return-A Polemic
- Immigration Policy: Between Demographic Considerations and Preservation of Culture
- Immigration Rights and the Demographic Consideration
- Citizenship and Its Erosion: Transfer of Populated Territory and Oath of Allegiance in the Prism of Israeli Constitutional Law
