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  • May 13, 2012

    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.

  • Posted by Ted Belman @ 2:21 pm | 4 Comments »

    4 Comments to Netanyahu government is responsible for the demolition order not the Courts

    1. BlandOatmeal says:

      Ted,

      I think the Jews are a unique people. Most people don’t pride themselves on how vehemently they attack their own kind. Among Jews, if there’s one group with a certain position — the settlers, say, who feel duty-bound to inhabit the Promised Land — there arises another camp to oppose them. Both camps are intense in their fervor, and feel as though they are better persons for their ardor. Other people aren’t like that: Among the Arabs, for instance, there are (1) Arabs who to the official, Jew-hating line, and (2) Dead Arabs. Simple, huh? Bibi Netanyahu is a true, exemplary Jewish leader, in that he embodies, within his own person, so many contradictory positions.

    2. SHmuel HaLevi says:

      Why the surprise if any?
      People like Netanyahu, Israelis, are UNFIT to lead the Jewish people.
      It is not the first disclosure to those ends. INTENTIONALLY Netanyahu voted for “disengagement”, lies about construction, sabotages Jewish rights, undermines in all possible ways attempts to correct the disgrace that is the judicial and police.
      Ted,
      You are an attorney.
      Israeli Law has not been extended to Y&S. So what the h… is the supreme court doing by sitting in Israel and passing judgments based on Israeli Law in Y & S.
      For that matter, why is the Israeli police active there?
      The crude actions by those purely Israeli jurisdictions on extra territorial basis are illegal from all angles.
      It is as if the Israeli courtiers and police would be active in Montana, or British C.
      That is why the whole system must be taken down and restarted from scratch.

    3. bernard ross says:

      It appears to me that Israel is not really a democracy in that it elects a PM who then rules by edict until the next election. The executive appears to be only checked by the Judiciary as the executive and legislative are one. Why is it that only the govt and leftist organizations seem to use the courts, where are the settler and nationalist NGO’s? a leftist govt will tend to funnel govt money to leftist NGO’s, as in the US, but the govt has not been a leftist govt. Apparently the right does not know how to use the system even when they win elections.The left always has a private shadow govt in the leftist NGO’s they create; what do the right do?

    4. Uzitiger says:

      Netanyahu has been waging a war against the Jews of Yehuda and Shomron by sending his black uniformed sadistic storm troopers to destroy their shacks in the middle of the night. Arabs build as they please and steal government owned land and he does nothing. He might even provide them with utilities which they never pay for.
      The way his uniformed YaSSam storm troopers behaved in Migron looked like something out of holocaust films. They sadistically shoved a mother of a two week old infant on the ground with their riot shields while pointing their rifles at her then laughed about it then they laughed as the small shack was destroyed by a tractor. In Mitzpeh Avichai these same sub humans surrounded a small child then kicked him. Netanyahu is a forked tongued politician who will do anything to keep his power as his latest power grab showed. He will give the terrorists a ‘Palestinian’ state at the expense of Jews to appease the Obamanable Muslim and keep the dollars flowing to his pockets.

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