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ID106227
Title ProperIsraeli supreme court doctrine and the battle over Arab land in galilee
Other Title Informationa vertical assessment
LanguageENG
AuthorForman, Geremy
Publication2011.
Summary / Abstract (Note)In the mid-1950s, the overwhelmingly Arab central Galilee became the first regional focus of Israeli land-claiming in the context of state efforts to Judaize the region. This article examines the land-related judicial doctrines adopted by the Israeli Supreme Court through the early 1960s that facilitated this endeavor. While previous academic work on the evolution of these doctrines depicts a "horizontal" process proceeding from one SC precedent to another, this article employs a "vertical" approach that focuses on the role of litigant argument and lower-court rulings. The main finding is that in these disputes, SC justices did not merely rule in favor of the state, but consistently adopted the legal arguments advanced by the state, transforming them into SC doctrine and the law of the land.
`In' analytical NoteJournal of Palestine Studies Vol. 40, No. 4; Sum 2011: p24-44
Journal SourceJournal of Palestine Studies Vol. 40, No. 4; Sum 2011: p24-44
Key WordsIsrael ;  Supreme Court ;  Arab World ;  Land