| Talkback | |
|
Title: | The Law of Return | |||
| |||||
| Name: | Joseph E . post 2 | | |||
| |||||
| City: | Givatayim | State: | Israel | | |
| In 1950, the Knesset formalized one of the fundamental pillars of the unwritten constitution when it legislated the Law of Return. The language used to formulate this law places it at the juncture where Land and Nation meet. The Law of Return guarantees every Jew the right to immigrate - But to where? Five key (Hebrew) words were chosen to express this basic constitutional right 17 years before we merited to once again behold the most beloved of Biblical landscapes. Those words guaranteed that the State of Israel would be a Zionist and a Jewish state. They appear in the first paragraph of the law, which is entitled "The Right to Aliyah": "Every Jew has the right to immigrate to the Land." The right is not to immigrate to the State, but to the Land. In the other paragraphs, the law makes a clear distinction between Israel the state and Israel the land. The legislators were careful to specify that the right to immigrate was paired not to the state, which is the framework, but to the content of this framework, which is the land itself. Thus, the founding fathers of the state transmitted to us a meaningful message: The state serves as a tool to bring the Jews...to the land! This means that the Law of Return grants every Jew the right to immigrate to the Land of Israel , Jerusalem and Biblical Hills included (Per the Mandate for Palestine wich is valid to this day). Although this right could only be actualized starting in June 1967, the decisive act, the establishment of the right, took place back in 1950. It follows that any governmental act which denies a Jew the possibility of immigrating to the Homesh , Svut Ami , Amona or Shilo or Hebron area, whether by formally surrendering the territory to foreign rule, forcing Jews out, or closing the area off to Jewish settlement, is an illegal act, which violates the Law of Return. Although the Knesset has the power to change the Law of Return, and although the Supreme Court has the power to interpret the expression "to the Land" differently than it was interpreted here, such acts would be illegitimate. If not on the legal-technical level, then at least in the sense that such acts would contradict the unwritten constitution of the Jewish state. And the sons will return to their border - the Tomb of Rachel |
| |  |
|
 |
|
 |
