Work

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

Year: 2021

Type: article

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.

Source: Journal of Law and Courts

DOI: 10.1086/717419

Authors: Menachem Hofnung, Ofir Hadad

Institution: Hebrew University of Jerusalem

Language: English

Topic: Judicial and Constitutional Studies

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

Estimated APC paid: $3,550