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 language | English |
|---|---|
| Pages (from-to) | 187-206 |
| Number of pages | 20 |
| Journal | Journal of Law and Courts |
| Volume | 11 |
| Issue number | 1 |
| DOIs | |
| State | Published - 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