From Paper to Webpage: Legislation during the British Regime in Palestine in the Israeli National Legislation Database*

2021 ◽  
Author(s):  
Gali Ben-Or ◽  
Daphna Barnai ◽  
Ayelet Volberg

Abstract The editorial team of the Israeli National Legislation Database endeavored to locate all the proclamations, ordinances, and ‘Orders in Council’ published from the beginning of the British military regime in Palestine to the last ‘hidden laws’ published in the waning days of the British Mandate. These documents complete the historical information on Israel state laws and shed light on the initial establishment of the legal and judicial system in Palestine, before the establishment of the State of Israel. In this paper, we describe the development of legislation under British regime, from 1917 to the establishment of the State of Israel in 1948. We introduce the three figures who played key roles in regulating the legislative system: Orme Bigland Clark, Norman Bentwich, and Sir Robert Harry Drayton, and describe the legislative process that was developed and the legislative procedures that prevailed at the time. The legal framework of this period, alongside the remaining Ottoman legislation, formed a solid basis for the legislative system and process for the Provisional State Council and subsequently, the Knesset.

2010 ◽  
Vol 24 (3) ◽  
pp. 233-250 ◽  
Author(s):  
Francine Lafontaine ◽  
Fiona Scott Morton

In fall 2008, General Motors and Chrysler were both on the brink of bankruptcy, and Ford was not far behind. As the government stepped in and restructuring began, GM and Chrysler announced their plan to terminate about 2,200 dealerships. In this paper, we first provide an overview of franchising in car distribution, how it came about, and the legal framework within which it functions. States earn about 20 percent of all state sales taxes from auto dealers. As a result, new car dealerships, and especially local or state car dealership associations, have been able to exert influence over local legislatures. This has led to a set of state laws that almost guarantee dealership profitability and survival—albeit at the expense of manufacturer profits. Available evidence and theory suggests that as a result of these laws, distribution costs and retail prices are higher than they otherwise would be; and this is particularly true for Detroit's Big Three car manufacturers—which is likely a factor contributing to their losses in market share vis-à-vis other manufacturers. After discussing the evidence on the effects of the car franchise laws on dealer profit and car prices, we turn to the interaction of the franchise laws and manufacturers' response to the auto crisis. Last, we consider what car distribution might be like if there were no constraints on organization. We conclude that although the state-level franchise laws came about for a reason, the current crisis perhaps provides an opportunity to reconsider the kind of regulatory framework that would best serve consumers, rather than carmakers or car dealers.


Author(s):  
А. Krylov

The article takes a look at the history and origin of the main Jewish paramilitary organizations in the British Mandate of Palestine (1921–1948). One of the myths often used in Western and Israeli propagandistic literature describes Israel as a very weak state that after obtaining its sovereignty became extremely vulnerable to the heavily armed Arab hordes that invaded it immediately after the declaration of the Israeli State. However, the analysis above shows that the first Arab-Israeli conflict in 1948–1949 was not a battle between young David against the giant Goliath. By the time of the creation of Israel all the Jewish paramilitary organizations operating in Yishuv – “Haganah”, “Irgun” and LEHI – united creating the IDF. The national army of the newborn State met all the requirements of its time, was much better equipped, trained, mobilized and armed than the soldiers of all the neighboring Arab countries, which objectively predetermined their crushing defeat.


2019 ◽  
Vol 6 (3-4) ◽  
pp. 370-382
Author(s):  
Emir Galilee

This article is based on over a decade of field research among Bedouin tribes of the Negev as well as historical and geographical research. Its central argument is that the main social, cultural, and geographical processes within the Negev Bedouin groups are impacted by three major forces: nomadism and the social structure; formal Islam; and the rise of the modern state. This argument is illustrated by the geographical concept of “mental maps”, and its various manifestations in Bedouin society. The article focuses on the historical developments of the twentieth century, which took place alongside the rise of the Zionist movement and the establishment of the State of Israel.


2019 ◽  
Vol 8 (2) ◽  
Author(s):  
Abdullah Al-Ahsan

The question of Palestine (and the city of Jerusalem) is a core issue that remains at the centre of the Muslim mind in our time. This is because most Muslims feel that the Zionist Movement created the State of Israel in Palestine after World War II by depriving the local population of their fundamental right to exist in their ancestral homeland. The global Zionist Movement conspired, resorted to terrorist tactics and executed an ethnic cleansing campaign to create the State of Israel. The Zionists first secured the support of British politicians and then the American leaders in favour of their search for an exclusive Jewish state covering the entirety of the former British Mandate of Palestine. Although the Palestinians – like Muslims in various parts of the world – quickly developed a national consciousness in the inter-war period and tried to protect their fundamental rights, they were no match for the Zionists who had already secured the support of major powers of the globe (e.g. Britain and the US). Later, Israel managed to obtain UN membership in its third attempt with the commitment to allow all Palestinians to return to their ancestral home. But in practice, Israel has ignored all UN resolutions regarding the Israeli-Palestinian conflict. Israel has gradually developed a legal framework to deny the citizenship rights of the original population of Palestine and continues to build new Jewish settlements by demolishing Palestinian homes. While the Palestinians continue to suffer under Israeli repression, the OIC (Organization of Islamic Cooperation) and most Muslim governments have largely abandoned the Palestinian cause of liberation. This, in turn, frustrates much of the Muslim youth around the world – fuelling fundamentalism and extremism.  


Author(s):  
Abeer al-Butmeh ◽  
Zayneb al-Shalalfeh ◽  
Mahmoud Zwahre ◽  
Eurig Scandrett

This chapter explores how the environment in Palestine has been a site of struggle for control between settler colonisers and Palestinians for over 100 years. It argues that the Zionist settler colonisation of Palestine may be understood as an ecological distribution conflict since the action of colonisers – from the British Mandate through the establishment of the state of Israel through to the military occupation of the remainder of the Palestinian territory – has been predicated on the expropriation of resources and the expulsion of the Palestinian population. Community development has been a component of the Palestinian popular struggle against settler colonisation. By exploring examples of community development, the chapter will analyse the context in which this has become integral to the popular struggle as well as threats that community development, especially in relation to environmental issues, has been used to normalise and legitimise the Zionist occupation.


Author(s):  
Ryan Shaffer

Shaiel Ben-Ephraim’s and Or Honig’s chapter focuses on the lynching and mob violence between Jews and Arabs in the area known as mandatory Palestine, and later as the State of Israel and the occupied territories. Ben-Ephraim and Honig seek to answer two questions: when and why has lynching and mob violence occurred, and how has it affected the development of the Zionist-Palestinian conflict. The chapter focuses on two periods of intercommunal conflict in which lynching and mob violence took place: the British Mandate period (1920-1948), and the period following the eruption of the first Palestinian Uprising “Intifada” (1987) until today. Ben-Ephraim and Honig find that the main variable determining the use of lynching attacks was the level of institutionalization of national political movements. When there are organized institutions and society is more organized, organized forms of violence such as uprisings or terrorism tend to be more prevalent since society or elements of it can be mobilized to act in a more systematic fashion. Lynching and mob violence reflect a lack of political institutionalization because the leadership possesses the ability to incite, yet lacks the tools to restrain or guide, the violence it inspires. By contrast, when the national movements are well institutionalized, Ben-Ephraim and Honig argue, more spontaneous acts of violence tend instead to take the form of sporadic acts of vengeance.


2008 ◽  
Vol 7 (2) ◽  
pp. 201-212 ◽  
Author(s):  
Bernard Regan

With increasing frequency comparisons are being drawn between the situation of the Palestinian people both in the Occupied Territories and inside Israel with the system of Apartheid imposed on the indigenous peoples of South Africa by the Nationalist Government in 1948. The object of this essay is to explore the analogy and test its merits and shortcomings. The essay explores the legal structure of the Apartheid system and compares it to that of the state of Israel and the legal framework under which Palestinians live in the occupied territories. It concludes that whilst the term Apartheid might seem attractive and adequate for descriptive purposes rendering the plight of the Palestinians more familiar ultimately there is a gap between the appearance and reality of the two experiences.


Author(s):  
Kimmy Caplan

High on the ideological and theological agenda of extreme Haredi groups is the delegitimization of the Zionist enterprise, its institutions, and the State of Israel, and the subsequent expectation of their rank-and-file to thoroughly isolate themselves from them. Based on existing scholarship and previously undiscovered primary sources, this article traces the conduct of extremist Haredi leaders vis-à-vis Zionist institutions during the British mandate in Palestine and after the establishment of the State. As we shall see, some extreme Haredi leaders elected to implicitly recognize the Zionist enterprise and its institutions. The specific circumstances surrounding the different cases enable us to understand the general phenomenon and to advance some preliminary observations.


2021 ◽  
Vol 8 (4) ◽  
pp. 1-18
Author(s):  
Rawiya Burbara

This study deals with the Palestinian administrative, economic, political, educational, intellectual, and national dimensions as they are reflected in the stories and events of the historical novel Zaman al-Khoyoul al-Baida' by the Palestinian writer Ibrahim Nassralla, The novel that covers three generations from 1880s to the establishment of the State of Israel in 1948. The events take place in a Palestinian village called 'Hadiya ', which serves as a representative of all Palestine. The study proves that the writer emphasizes the Palestinian identity through the stories that he collected from people who lived through the three periods of occupation of Palestine: the Ottoman Empire, the British Mandate and Israel, but the main focus is on the Ottoman Period. Stylistically, the novel has a special printing style. The oral stories are typed in italics in order to distinguish them from written stories. To investigate the information in the people's quoted stories, the events of the novel and the writer's arguments and his descriptions of the life of local Palestinians, the study relies on Paul Hamilton's theory of historicism , which is a critical way of using historical contexts to interpret narrative texts.


Early Music ◽  
2019 ◽  
Vol 47 (4) ◽  
pp. 533-550
Author(s):  
Alon Schab

Abstract Palestine, from the end of World War I to the foundation of the state of Israel, had a vibrant concert scene led partly by local musicians (and from 1933 onwards, by an elite of leading performers and composers who fled from Europe), and partly by the cultural institutions of the British Mandate, including the Palestine Broadcasting Service. While the collaborations between these two forces often yielded inspired musical results, each had its own agendas and priorities. The music of Henry Purcell was perceived as a cultural asset of the British and, as such, its performance became the platform for tacit negotiation of local musical identity, as well as a means to communicate with the British administration. The present study examines how Purcell’s music was treated in Palestine, which works by Purcell were performed, which scores and editions were available to local musicians, how the 250th anniversary of his death (1945) was commemorated, what motivated musicians to perform Purcell in concert, and what happened to the performance of Purcell’s music in Israel after Britain withdrew its forces from Palestine in 1948.


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