The Law of Return and the Law on Citizenship
The
Law of Return and the Law on Citizenship
as expressions of the Jewish and Democratic nature of the State of Israel
Activity Unit - Case 3
7. The Law of Return - Implementation Cases
3.1 Israeli Supreme Court 58/68, Binyamin Shalit
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What does the ruling indicate?
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What was the outcome of this case?
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What was the outcome of the episode?
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Explain the problems revealed - submit your explanations to the network.
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How would you have suggested handling the case chosen? Why?
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Submit your suggestions to the network.
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React to the conclusions of your fellow students in class, in the group
and on the network.
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How would you explain the differences in opinions and suggestions?
And now - after hearing out all the other participants, reading opinions
and suggestions which differ from your own - has anything changed in your
positions, your opinions and your suggestions? Why? How do you feel? Submit
your thoughts and ideas to the network.
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What did the episode reveal?
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What differences of opinion were shown to exist?
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What were the immediate outcomes?
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What were the long-term outcomes in the domain of legislation and in
the political sphere?
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What does the amendment to the Law of Return in the wake of Major Shalit's
case indicate?
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How would you explain the differences in opinions and suggestions? And
now - after hearing out all the other participants, reading opinions and
suggestions which differ from your own - has anything changed in your positions,
your opinions and your suggestions? Why? How do you feel? Submit your thoughts
and ideas to the network.
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What lessons can be drawn?
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Suggest a change in the formulation of the Law of Return which reflects
your opinion.
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Submit it to the network to get reactions.
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How do you feel now?
3.2 Second Supreme Court Ruling
The matter returned to the High Court yet again, in connection with an amendment
that stated that:
"a Jew under this Act and the rights of an immigrant under the Law
on Citizenship as well as the rights of an immigrant according to all other
legislative acts are also conferred on the child and the grandchild of a Jew,
on the spouse of a Jew and the spouse of a child and of a grandchild; with
the exception of a person who was a Jew and willingly converted to another
religion. Further details..".
Definition 4b, for the purpose of this Act, is "a person who is born
to a Jewish mother or a mother who has converted, and who is not the member
of another religion."
This amendment satisfied the NRP, who saw it as an achievement, even though
the kind of conversion was not stipulated.
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What lessons can be drawn?
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Suggest a change in the formulation of the Law of Return which reflects
your opinion.
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Submit it to the network for reactions.
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How do you feel now?
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What do you think?
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What do you suggest?
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Submit your suggestions to the network for additional reactions...
The Pedagogic Center
Director: Dr. Motti Friedman
Web site manager: Esther Carciente, esthers@jajz-ed.org.il.
Updated: 20/12/98