Settlements in the Supreme Court of Israel
One of the unique features of Israel's legal, military, and political control over the Occupied Palestinian Territories (OPT) has been the review by the Supreme Court of Israel of the actions and decisions of the authorities in...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Cambridge University Press
2017-01-01
|
| Series: | AJIL Unbound |
| Online Access: | https://www.cambridge.org/core/product/identifier/S2398772317000174/type/journal_article |
| _version_ | 1827996007864991744 |
|---|---|
| author | David Kretzmer |
| author_facet | David Kretzmer |
| author_sort | David Kretzmer |
| collection | DOAJ |
| description | One of the unique features of Israel's legal, military, and political
control over the Occupied Palestinian Territories (OPT) has been the review by
the Supreme
Court of Israel of the actions and decisions of the authorities in
those territories. Sitting as a High Court of Justice that has the competence to
review the actions of all persons exercising public functions under law, the
Court has entertained thousands of petitions relating to the legality of such
varied actions as house demolitions, deportations, land requisition, entry
permits, and establishment of settlements. There can be little doubt that the
very existence of judicial review has had a restraining effect on the
authorities. While the Court has not ruled against the government that often,
and has provided legitimization for acts of dubious legality, such as punitive
house demolitions and deportations, it has handed down some important
rulings on questions of principle. Furthermore, in the shadow of the
Court, many petitions have been settled without a court ruling, allowing for a
full or partial remedy for the Palestinian petitioner. |
| first_indexed | 2024-04-10T05:05:23Z |
| format | Article |
| id | doaj.art-ed46057507254c9e9108e24af0cbdc74 |
| institution | Directory Open Access Journal |
| issn | 2398-7723 |
| language | English |
| last_indexed | 2024-04-10T05:05:23Z |
| publishDate | 2017-01-01 |
| publisher | Cambridge University Press |
| record_format | Article |
| series | AJIL Unbound |
| spelling | doaj.art-ed46057507254c9e9108e24af0cbdc742023-03-09T12:27:10ZengCambridge University PressAJIL Unbound2398-77232017-01-01111414410.1017/aju.2017.17Settlements in the Supreme Court of IsraelDavid Kretzmer0Emeritus Professor, Hebrew University of Jerusalem; Professor of Law, Sapir College.One of the unique features of Israel's legal, military, and political control over the Occupied Palestinian Territories (OPT) has been the review by the Supreme Court of Israel of the actions and decisions of the authorities in those territories. Sitting as a High Court of Justice that has the competence to review the actions of all persons exercising public functions under law, the Court has entertained thousands of petitions relating to the legality of such varied actions as house demolitions, deportations, land requisition, entry permits, and establishment of settlements. There can be little doubt that the very existence of judicial review has had a restraining effect on the authorities. While the Court has not ruled against the government that often, and has provided legitimization for acts of dubious legality, such as punitive house demolitions and deportations, it has handed down some important rulings on questions of principle. Furthermore, in the shadow of the Court, many petitions have been settled without a court ruling, allowing for a full or partial remedy for the Palestinian petitioner.https://www.cambridge.org/core/product/identifier/S2398772317000174/type/journal_article |
| spellingShingle | David Kretzmer Settlements in the Supreme Court of Israel AJIL Unbound |
| title | Settlements in the Supreme Court of Israel |
| title_full | Settlements in the Supreme Court of Israel |
| title_fullStr | Settlements in the Supreme Court of Israel |
| title_full_unstemmed | Settlements in the Supreme Court of Israel |
| title_short | Settlements in the Supreme Court of Israel |
| title_sort | settlements in the supreme court of israel |
| url | https://www.cambridge.org/core/product/identifier/S2398772317000174/type/journal_article |
| work_keys_str_mv | AT davidkretzmer settlementsinthesupremecourtofisrael |