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Central Election Comm. of the Sixteenth Knesset v. Tibi

Election Authorization 11280/02, 57(4) PD 1 (2003)

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Central Election Comm. of the Sixteenth Knesset v. Tibi

Israel Supreme Court
Election Authorization 11280/02, 57(4) PD 1 (2003)

WW

Facts

In Israel, any person could challenge a candidate for election to the Knesset by bringing a claim before the Central Election Committee demonstrating that the candidate did not meet the legal requirements for candidacy. If the committee decided that a candidate could not run, the matter would go to the Israel Supreme Court for a final determination on the candidacy. Objections were lodged against at least three candidates (defendants), in part because each advocated for the position that Israel should be a “state of all its citizens,” which was commonly understood in Israeli politics to mean that Israel should not be a Jewish state nor should it give any special status to Jews and Judaism. Section 7a of Israel’s basic law listed several grounds for disqualification of a candidate: (1) rejection of the existence of Israel as a Jewish and democratic state; (2) incitement to racism; and (3) support of an armed struggle against the state by an enemy state or terrorist organization. The committee rejected the candidacy of the three candidates, presumably on the ground that the candidates rejected the existence of Israel as a Jewish and democratic state, among other reasons. The Israel Supreme Court examined whether the candidates should be permitted to run for election.

Rule of Law

Issue

Holding and Reasoning (Barak, C.J.)

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