Netanyahu government is responsible for the demolition order not the Courts
By Ted Belman
Professor Shalom Lerner wrote a legal opinion which he forwarded to PM Netanyahu arguing that the law doesn’t mandate the destruction of the houses in Ulpana even if the houses were built on private land. So long as the houses were build in good faith, then the court should determine the most sensible course. This is a well established principle of law but it was never argued or considered in this case.
In actual fact, the courts never ruled that the law requires destroying the five Ulpana hill buildings in Beit El.
The court never ruled that they are on private land, and that the claimants are the owners of that land.
“Shocking” you say. How come?
The court never discussed the above three questions. It asked the government what its position on the matter is, what it recommends, and the legal department answered that its position is that it is private land and that the government’s policy concerning land on which Jews have settled is as follows: if construction is on government land, it must be legalized and if construction is on private land, it must be removed. The courts made decision in accordance with that government policy.
“Shocking” I say. It is incumbent on the government to argue the case, not decide it.
So the Netanyahu government is responsible for the Court order and not the Court.
Something is rotten in the State of Israel.