Theorizing and Tracing the Legal Dimensions of a Control Framework: Law and the Arab-Palestinian Minority in Israel’s First Three Decades (1948–1978)

Saban, Ilan

doi:10.2139/ssrn.1962518

Cited by 2 publications

(4 citation statements)

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“…Thus, although the Court's ruling contradicted the government's position, it was consistent with influential mainstream voices. In any case, this ruling remained largely ignored in the Court's jurisprudence for three decades as the Court hardly referred to it in its subsequent rulings (Saban 2011).…”

Section: The Rise Of Constitutionalismmentioning

confidence: 99%

“…Some scholars mistakenly conceive certain differentiated arrangements as if these were acts of granting group rights to the Arab citizens, such as in education, exemption from military service, and religious status (Rubinstein and Medina 2005;Saban 2011). Thus, the fact that Arab citizens have a separate educational system is taken to exemplify self-government rights in education.…”

Section: The Legal Structures Of Differentiated Citizenshipmentioning

confidence: 99%

“…Yet these scholars' own acknowledgment that this self-government is "extremely limited" (Rubinstein and Medina 2005) undermines this argument. In other cases, like the exemption of Palestinian citizens from military service, these scholars wrongly consider the arrangement as a right (Rubinstein and Medina 2005;Saban 2011). Yet the practice of exempting the Arab citizens from compulsory conscription is not entrenched in a legislative act.…”

Section: The Legal Structures Of Differentiated Citizenshipmentioning

confidence: 99%

“…The legal system has contributed to this attempt to control the education systembe it state or private institutionsthrough a myriad of laws (such as the State Education Law -1953; Education Ordinance (New Version) -1978; Supervision of Schools Law -1969; and The Civil Service (Discipline) Law -1963). These laws sought to restrict political activism in schools and used disciplinary measures against teachers if they participated in political activities or exhibited "improper behavior," even if that activity occurred outside the school itself (Saban 2011).…”

Section: Educationmentioning

confidence: 99%

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The Legal Structures of Subordination

Sultany¹

2017

Israel and Its Palestinian Citizens

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The law is a potential site for socio-political contestation. Legal systems may be open to competing interpretations and applications, because they are not necessarily coherent, and abstract legal concepts are not necessarily determinate. Nevertheless, the ability of legal actors to destabilize (or stabilize) legal categories and expose the incoherence of the legal system (or to present it as coherent) depends on the availability of maneuvering space and on the actors' willingness and ability to do the necessary work to achieve these effects (Kennedy 2008). Therefore, in order to examine the law's role in a particular country, one has to take into account not only the letter of the law, but also its judicial interpretations and applications as well as its effects in a particular context. Israeli law, the subject of this chapter, is not monolithic. Zionist ideology influences Israeli law, but ideologies are rarely homogenous, and different actors within legal systems strive to advance their own conceptions and interests. Yet, an examination of the role of the legal system since Israel's inception reveals that far from significantly challenging power structures, Israeli law effectively created a hierarchy among Israeli citizens. As I show here, it generally advanced, justified, and perpetuated a separate and inferior status for the Palestinian citizens in Israel. At the same time, it granted the Israeli regime an aura of legitimacy by containing its practices under the "rule of law." Ultimately, although the legal system has a moderating effectbecause it often pushes the political system toward the political centerthis center itself has been moving toward the right-wing continuum of the Zionist movement. The chapter is organized as follows: Part I examines the conventional story about the rise of constitutionalism and judicial activism in Israel. I question the analytical utility of this story in evaluating the role of law in Israeli society. The chapter shows that, at the legal structures of subordination

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Section: The Rise Of Constitutionalismmentioning

confidence: 99%

Section: The Legal Structures Of Differentiated Citizenshipmentioning

confidence: 99%

Section: The Legal Structures Of Differentiated Citizenshipmentioning

confidence: 99%

Section: Educationmentioning

confidence: 99%

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