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Recent Changes in Israel's Nationality Law
Published online by Cambridge University Press: 12 February 2016
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- Copyright © Cambridge University Press and The Faculty of Law, The Hebrew University of Jerusalem 1969
References
1 6 L.S.I. 50.
2 Section 1 of the principal Law.
3 Nationality (Amendment) Law, 1958, 12 L.S.I. 99.
4 538 Sefer HaHukim 212 (in Hebrew only).
5 4 L.S.I. 114.
6 See section 4 of the Law of Return, 1950, and section 2(b) of the principal Law. Under the Amendment, nationality by return is no longer conferred on a Jewish child born in Israel to a diplomatic or consular representative of a foreign State.
6a See Bar Ya'acov, N., Dual Nationality (London, 1961), Chapter 14.Google Scholar
7 Section 2(c) (2) and (3) of the principal Law.
8 Section 16 of the State Service (Appointments) Law, 1959, 13 L.S.I. 87.
9 For the exemptions from this requirement, see sections 6 and 7 of the principal Law.
10 Section 5(a) (6) of the principal Law.
11 Section 8(a) of the Amendment.
12 Section 9(a) (2) of the Amendment.
13 Cf. the plea of non est factum in matters of contract. Foster v. Mackinnon L.R. 4 C.P. 711; Lewis v. Clay 67 L.J.Q.B. 224; Carlisle Banking Co. v. Bragg (1911) 1 K.B. 489; Gallie v. Lee (1969) 1 All E.R. 1062.
14 Or on or before the day of the issue of an immigrant's certificate to a Jew who was already in Israel as a tourist or temporary resident.
15 Immigrants from South Africa are a case in point.
16 (1960) 14 P.D. 966.
17 Unreported. See The Jerusalem Post, 19 March 1967.
18 Section 2(c) (2) as replaced by the Amendment.
19 Varai v. Attorney-General, an unreported decision of the Jerusalem District Court, referred to by Shabtai Rosenne in “La loi israelienne sur la nationalité 5712–1952 et la loi du retour, 5710–1950” (1954) 81 Journal du Droit International 2 at 31.
20 Section 2(c) (3), as replaced by the Amendment.
21 Section 2(d), added to the principal Law by the Amendment.
22 Law of Return, section 1. As to who is a Jew under the Law of Return, see Rufeisen v. Minister of the Interior (1962) 16 P.D. 2428. The judgment of a specially enlarged bench of the High Court of Justice in a more recent case on this point (Shalit v. Minister of the Interior) will shortly be handed down.
23 Section 3 of the principal Law.
24 Section 4 of the principal Law.
25 Section 5 of the principal Law.
26 Section 4A of the Law, added by the Amendment.
27 See U.N. Document A/CONF. 9/15 of 29 August 1961.
28 Section 5(b) of the principal Law. See also Olshan J. in Mustafa v. General Officer i/c Northern Command. (1953) 7 P.D. 587.
29 Section 8 of the principal Law.
30 Section 8(a), added by the Amendment.
31 Section 8(b).
32 See section 18 of the Capacity and Guardianship Law, 1962, 16 L.S.I. 106 and section 13A(a) of the said Law, added by a 1965 amendment, 19 L.S.I. 113.
33 Section 9(a) of the principal Law.
34 Section 9(b) of the principal Law.
35 Section 9 as replaced by the Amendment.
36 But such parent must have acquired his Israel nationality after the minor's birth, for otherwise the child would already have become a national by birth.
37 By section 1 of the Amendment.
38 Section 11(a) as amended.
39 Section 11(b), as amended.
40 No such regulations have yet been promulgated.
41 Nationality (Amendment No. 2) Bill, 1966, 707 Hatza'ot Hok 15 (in Hebrew only).
42 Paragraph 5 is not applicable to Israel's Nationality Law.