The Two-State Model and Israeli Constitutionalism: Impact on the Palestinian Citizens of Israel

Partitioning historic Palestine into two states is often presented as the most plausible solution to the Israeli-Palestinian conflict. This article examines the potential impact of such a development on the Palestinian citizens of Israel (PCI), primarily from the vantage point of Israel’s constitutional regime. The article explores three fundamental aspects of the Israeli constitutional system—its instability, the “Jewish and democratic” definition of the state, and the exclusion of the PCI from “the people” as the unit that holds sovereignty—and argues that the envisaged two-state solution will only reinforce the definition of Israel as a Jewish state and consequently provide further justification for the infringement on the rights of its Palestinian citizens.

Mazen Masri is a lecturer in law at the City Law School, City University London. He has previously practiced law in Israel and has served as a legal advisor to the PLO’s Negotiations Affairs Department.