Latent Judicial Intervention: The Case of Self-Claiming Palestinian Informers

Menachem Hofnung*, Ofir Hadad

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

Abstract

How do judicial techniques enable courts to have a very effective impact on actual national policy while avoiding making binding decisions? Previous academic studies have focused mostly on the controversial capacity (and willingness) of courts to intervene in a country's policy through statutory interpretation or authoritative decisions. We show that by refraining from sweeping landmark decisions, courts can have a latent but substantial impact on actual national policy through technical and procedural measures. The case study here is the Israeli immigration policy toward a large group of Palestinian litigants (916 petitions) who claim to be neglected security-related collaborators.

Original languageEnglish
Pages (from-to)187-206
Number of pages20
JournalJournal of Law and Courts
Volume11
Issue number1
DOIs
StatePublished - 17 Apr 2023

Bibliographical note

Publisher Copyright:
© The Author(s), 2023. Published by Cambridge University Press on behalf of the Law and Courts Organized Section of the American Political Science Association.

Keywords

  • Collaborators
  • Coping Strategy
  • Israel
  • Judicial Policymaking
  • Palestine

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