6.1. Background Notes on Enforcement - Interpretation - The Israel Supreme Court
Many difficulties emerged in the application of the Law of Return. The different cases involved, perturbed and troubled the different sectors of Israeli society as well as the various institutions involved. The ensuing discussions and differences of opinion further exacerbated the rifts in Israeli society, as well as aggravating tensions between Israelis and Diaspora Jewry.
The "Who is a Jew" question refuses to disappear - constantly re-emerging in religious-cultural-political dialogue. Far more than an administrative question on registration procedures, by its very nature, it is absolutely crucial, both to entire sectors of the public and to the individuals involved.
Re-examination of the issue raised the fundamental question of "Who is a Jew?". And, moreover, who has the authority to determine who is a Jew?
The acute nature of the question has become further pronounced, touching upon whether Israel's Knesset has the authority to pass secular legislation determining "Who is a Jew" and differ from the Halachic approach of Jewish religious law.
6.2. Notes on Procedure:
Below are a number of key cases which illustrate the problems involved with the issue. Select one or two of these cases or allot different cases to different working groups.
Examine the facts carefully, together with the issues raised: Work through a number of the background questions below to help you evaluate the cases you have chosen [there are additional ones attached to several of the cases]. You may also refer to other points of interest in your consideration of the issues.
Background questions for examination and analysis of the issues
- What was the outcome of the court case?
- What was the outcome of the entire episode?
- What major issues came to light - submit your explanations to the network.
- How would you have suggested handling the case you have chosen? Why? Submit your suggestions to the network.
- React to the conclusions of your fellow students in class, in the group and over the network.
- How would you explain the differences in opinions and suggestions?
- After hearing out 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.