Shaked’s revolutionary initiative

Justice Minister aims to transfer Arab petitions in Judea and Samaria from Supreme Court to administrative courts, reducing politicization.


Justice Minister Ayelet Shaked is initiating a revolutionary move that will require Palestinian Arabs involved in land disputes on planning and building issues with Jews in Judea and Samaria to turn first to the Jerusalem District Court rather than immediately appeal to the Supreme Court., Yediot Aharonot reported this morning.

At the same time, Shaked is requesting that the handling of these petitions be transferred to the Jerusalem District Attorney’s Office instead of to the Supreme Court Department, which currently handles the petitions.

Shaked, according to the report, wants to achieve three goals in the bill. The first is the normalization of Judea and Samaria. The second is the end to the discrimination that is applied to residents of Judea and Samaria who do not “merit” like the other residents of the state to settle land disputes in district and magistrate courts for regular civil and criminal cases. The third reason is to reduce the burden on the Supreme Court, which today deals with about 2,000 proceedings on this matter alone per year, hundreds of which are filed by Palestinians who have appealed against demolition orders for illegal construction.

The report noted that Shaked’s attempt to transfer powers from the Supreme Court to local courts on matters relating to land disputes in Judea and Samaria aims at removing the “politicization” of such cases, so that Judea and Samaria is viewed the same way for such cases as any other part of Israel.

In addition, Shaked proposes transferring additional powers from the Supreme Court to administrative courts, including petitions for freedom of information, petitions against decisions to enter and leave Israel, and the hearings for restraining orders.

January 4, 2018 | 4 Comments »

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  1. @ Sebastien Zorn:
    we have municipal for parking tickets, wrong colour trash cans on wrong day, provincial (state) anything with a jail term less 2 years, federal; dangerous driving, murder etc. then a supreme court which is appeals court, if case so warrants its off to u k lords then hrh queenie liz. in all appeals courts the case is presented by a litigator being a lawyer, barrister (in your case a esq.) no examination nor cross examination of the complainant etc. its unfortunate as most of ISRAELS legal system is a carry over of the british mandate (as brit law was used not international nor L o N law was used it qualifies u k as an occupier.) except the high court system.

  2. @ david melech:
    New York State. But, that’s only because the lowest court is called, “The Supreme Court.” The highest court is called, “The Court of Appeals.” Maybe, if Israel adopted that nomenclature, it would have a salutary clarifying effect.

  3. which other country allows its supreme, high court to be the first court for case unheard at magistrates, civic. local lower court in which documents, complainants must attend? ISRAEL high court “I give myself good advice, but I seldom follow it.”
    “When I use a word,” Humpty Dumpty said in rather a scornful tone, “it means what I choose it to mean – neither more nor less.”
    Off with their heads!” said The Queen of Hearts or the supreme court UGS