By David Kretzmer
The selections of the preferrred courtroom of Israel in instances on the subject of the Occupied Territories.
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Additional resources for The Occupation of Justice: The Supreme Court of Israel and the Occupied Territories (S U N Y Series in Israeli Studies)
Indeed, in the Rafiah Approach case itself the other justices on the bench adopted a different approach. Justice Kister suggested that while a military commander in occupied territory is in effect the source of his own power, in all his actions he is subject to orders from his superiors. 40 Justice Kister’s view soon became the accepted approach of the Court. In the VAT case,41 the issue concerned military orders that imposed value added tax (VAT) in the Occupied Territories. The Court did not doubt its power to review these orders so as to decide whether the military commander had exceeded the legislative powers of a belligerent occupant under international law.
The first question will be discussed in the next chapter. The rest of this chapter will be devoted to a discussion of the second and third questions. Rules of Israeli Administrative Law The Supreme Court adheres to the theory that governmental powers are to be exercised by authorized governmental authorities and not by the Court itself. Sitting as a High Court of Justice, rather than a court of appeal, the Court’s function is to examine the legality, rather than correctness, of government decisions.
When may a military commander introduce changes into the local law? May the commander promulgate legislation that has long-term effects or produces fundamental changes in the occupied territory? The attitude of the Supreme Court on these questions will be discussed in chapter 4. The question examined here relates to the scope of judicial review over legislative acts of the military commander. The question of judicial review over military legislation in the Occupied Territories must be discussed in light of the Israeli constitutional system that, following the British model, long regarded primary legislation as beyond the pale of judicial review.
The Occupation of Justice: The Supreme Court of Israel and the Occupied Territories (S U N Y Series in Israeli Studies) by David Kretzmer