'Intent to Regularise': The Israeli Supreme Court and the Normalisation of Emergency
Adalah Review, Vol. 104, May 2013
6 Pages Posted: 1 Jun 2013
Date Written: May 31, 2013
Emergency doctrine typically occupied a central space in the legal system of the colony, operating as a bridge between what James Fitzjames Stephen in India presented as the twin imperial pillars of conquest and justice. Its exceptionality and malleability facilitated the forcible imposition of sovereign control, while its legality provided the necessary seal of legitimacy. A formal state of emergency (upon which some but not all layers of Israel’s emergency jurisprudence are contingent) was proclaimed within days of the birth of the state of Israel and has persisted without interruption since 19 May 1948. This short essay provides an overview of the structure of Israel’s emergency legalities and discusses a 2012 Supreme Court decision upholding the long-standing state of emergency.
Keywords: state of emergency, Israel, Palestine, Israeli Supreme Court
JEL Classification: K33
Suggested Citation: Suggested Citation