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| 1 |
ID:
106227
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| Publication |
2011.
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| Summary/Abstract |
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.
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| 2 |
ID:
095154
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| Publication |
2010.
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| Summary/Abstract |
The 1960 Amendment to the 1928 Land Settlement Ordinance transferred land settlement adjudication from the "settlement officers" of the Israeli Justice Ministry to the district courts. Contextualized in a broad history of formative Israeli land law, this article carefully examines the evolution of the 1960 Amendment, which until now has gone unexplored by scholars. It explains why it was enacted when it was, despite consensus among executive officials that it would threaten vital Israeli interests in the predominantly Palestinian region of the Galilee. It also explains why, although liberal in nature, the reform did not provide private Palestinian landholders in the Galilee with a substantially more favorable judicial setting in which to dispute Israeli state claims to land they viewed as their own. Based on his findings, the author concludes by noting the utility of incorporating thorough archival research into studies of post-1948 Israeli legislation.
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