The basic contents of the “Democratic Constitution”, issued by Adalah, fall into two fields. The first field relates to general rights in the state and the rights of the Palestinians in Israel as a homeland minority; in other words, the right of Palestinians in Israel to political participation at the level of the state, on the one hand, and the right to manage their own special affairs, such as decisions regarding educational, cultural, religious and linguistic issues, on the other. The second field relates to the political structures and institutions in the State of Israel. Here, Adalah took a brave step forward through its clear proposal for the borders of the state (see article 1 of the Democratic Constitution), which Israel has avoided defining. This, in turn, has lead to a state of instability and constant thought on the part of the Jewish elite on how to expand the state beyond the borders of June 1967. It is no coincidence, therefore, that all of the Jewish Israeli constitutional proposals, such as the Constitution by Consensus, have avoided defining the borders of the State of Israel.

By dealing with these two fields in its proposed constitution, Adalah is expanding its sphere of interest to fields which transcend the boundaries of citizenship and the state. The issue of the borders of the State of Israel has a strong relationship to the Occupation and the settlements in the West Bank, Gaza Strip, Arab Jerusalem and the Syrian Golan Heights. These issues in particular are among the greatest impediments to the establishment of a “viable” Palestinian state, as demanded by the Palestinian Liberation Organization. Adalah’s contribution in our name is extremely important in terms of setting out clear points on the borders of the state, in a way that is compatible with the position of the majority of Palestinians, including citizens of Israel. Because the ordinary/natural state stands on a defined piece of land with borders, and the modern state cannot exist without these borders, the contribution of Adalah is not only through presenting its understanding of the political structures, the rights of citizens and collective rights, but also in transforming the State of Israel, and not submitting to its continuation as an Imperial entity which does not need borders, but rather battlelines and fronts.

Thus, the vision of the "Democratic Constitution" is based on the relationship between the end of the Occupation and the collective rights of the Palestinians in Israel on the one hand, and on the issue of democracy on the other. It is not by chance, therefore, that this relationship finds expression in the introduction to the proposed constitution. The introductions to constitutions, or preambles, are their most important section, as all of the legal provisions must conform to and be interpreted in accordance with them. The introduction constitutes the political aspect to every constitution, while the internal provisions constitute the legal aspect. Hence, combining these aspects embodies constitutional interpretation and understanding. Therefore, it is not possible to separate between reading the internal provisions and the introduction. It is no coincidence, therefore, that the Israeli constitutional proposals, such as "The Constitution by Consensus" or the constitutions proposed by the Institute for Zionist Strategy chose a "charter of independence" for Israel as the introduction to their constitutions. From this we can understand the significance of the final paragraph of the introduction to the Democratic Constitution proposed by Adalah, which deals with an imagined constitutionalized state as one not founded on the occupation of another people, but on total equality on a bi-national basis:

In a state that does not control or occupy another people and that is based on full equality between all of its residents and between all of the different groups within it, Jewish and Arab citizens shall respect each other’s rights to live in peace, dignity and equality, and will be united in recognizing and respecting the differences between them, as well as the differences that exist between all the groups in a democratic, bilingual and multicultural state.

With regard to the rights of citizens, with their various affiliations, the Democratic Constitution looks at two levels: the individual and the collective. Through its proposed constitution, Adalah is taking a serious step forward, beyond the current situation and the content of the Israeli proposals for a future constitution for the state. Adalah requests the institutionalization and "constitutionalization" of a situation of individual and collective equality, in particular with regard to the two main groups in Israel, the Jews and the Arabs. Adalah requests fundamental equality, in addition to formal equality, in relation to the status of the Arabic language versus the Hebrew language, the right of the Arabs in Israel to manage their own special affairs, primarily regarding decision-making in the state. It also deals with the attainment of equality and its application on the basis of corrective and distributive justice.

Bi-lingualism based on the recognition of the language and culture of the Other as fundamentally equal to those of the majority, and following practical policies to ensure the use and equal status of the minority's language, is one of the most important principles of a regime founded on the bases of agreement, such as Canada, Belgium and Switzerland. The issue of political participation accompanies the question of language and its status, through political representation in the shared institutions and the obligation to involve the minority and its representatives in decision-making in areas related to public life. It is true that Adalah has demanded the involvement of Arab citizens and its representatives in decision-making in areas relating to issues which concern them and relate to their interests, and that Adalah does not demand that all decisions in the state be made on the basis of agreement – this precisely is the true meaning of a bi-national state. However, there are no issues that are of concern to the Jews only, and thus every issue has a connection to the Arabs and their interests. Logically, we stand behind the demand for the involvement of the Arabs and their representatives in all issues, and thereby revert to the fundamental demand for a bi-national entity within the 1967 borders. This exactly is the demand which deprives those who believe in the necessity of safeguarding the regime of "racial superiority" in Israel of sleep. This is an issue which the political leadership and Jewish elite in Israel and the world have strived to promote as one which is united with democracy, through the slogan of the "Jewish and democratic state". This is in contrast to the theoretical and political reality of a conflict and a clash between democracy, which is based on equality before the law for all of the people, and an ethnic/Jewish structure which ensures the supremacy of individuals from one of the groups in an ethnically and nationally divided society.

* Dr. As'ad Ghanem is the Head of the Government and Political Philosophy Department at the School of Political Science, The University of Haifa, and the Head of the Board of Directors of Ibn-Khaldun – The Arab Association for Research and Development.