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	<title>Comments on: Rewarding the lawbreakers: New settlement homes on confiscated lands</title>
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	<link>http://972mag.com/rewarding-the-lawbreakers-new-settlement-homes-on-confiscated-lands/65971/</link>
	<description>Independent commentary and news from Israel &#38; Palestine</description>
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		<title>By: rsgegland</title>
		<link>http://972mag.com/rewarding-the-lawbreakers-new-settlement-homes-on-confiscated-lands/65971/comment-page-1/#comment-108751</link>
		<dc:creator>rsgegland</dc:creator>
		<pubDate>Fri, 15 Feb 2013 20:02:08 +0000</pubDate>
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		<description>Mention is made of the fact that the land was confiscated in the 1970&#039;s.
Who was this land confiscated from.
Prior to June 1967 this part of the country had been annexed by Jordan.
If it was state owned land, then it belonged to the Jordanian government, which gave up its claim to this land years ago.
If it was registered to a private owner in the proper legal way from previous years, then it is a different matter.
If you have that information it would be constructive.</description>
		<content:encoded><![CDATA[<p>Mention is made of the fact that the land was confiscated in the 1970&#8242;s.<br />
Who was this land confiscated from.<br />
Prior to June 1967 this part of the country had been annexed by Jordan.<br />
If it was state owned land, then it belonged to the Jordanian government, which gave up its claim to this land years ago.<br />
If it was registered to a private owner in the proper legal way from previous years, then it is a different matter.<br />
If you have that information it would be constructive.</p>
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		<title>By: Greg Pollock</title>
		<link>http://972mag.com/rewarding-the-lawbreakers-new-settlement-homes-on-confiscated-lands/65971/comment-page-1/#comment-108496</link>
		<dc:creator>Greg Pollock</dc:creator>
		<pubDate>Thu, 14 Feb 2013 06:02:44 +0000</pubDate>
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		<description>The final sentence of the JTA piece of 1979 is interesting:  &quot;Today&#039;s decision put a final legal stamp on the Cabinet&#039;s decision of Oct. 14 not to seize privately owned land for the expansion of seven existing or projected Gush settlements on the West Bank.&quot;  Thus, while the High Court slapped back the IDF and settlers in that decision, they were also echoing a recent cabinet decision on private land seizure for settlements.  The Court back then took sides rather than constructed decision from principle (paradigm for this latter is Brown v Board of Education, hated everywhere it applied).

In colonial America there was a princple that acquiescence makes constitutional law.  So the British Tea Tax was refused by not buying tea so as to avoid precedence of accepting the authority of the tax.  The IDF has either delayed implementing Court orders or outright ignored such to create its own independent constitutional standing.  Strangely, a Knesset law removing Court oversight might have the opposite effect on the Court.  Delays suduce with the possibility of enactment or compromise; outright removal of jurisdiction tempts angry resistance.  The IDF and Executive have done quite well through delay and mumble, presenting themsleves as compromising in the committee of the constitution which is (now) the Knesset, Political Government, Administration, Court, and IDF.  They will keep pressing these issues using such seduction, the Court losing ground through its own reasonableness.</description>
		<content:encoded><![CDATA[<p>The final sentence of the JTA piece of 1979 is interesting:  &#8220;Today&#8217;s decision put a final legal stamp on the Cabinet&#8217;s decision of Oct. 14 not to seize privately owned land for the expansion of seven existing or projected Gush settlements on the West Bank.&#8221;  Thus, while the High Court slapped back the IDF and settlers in that decision, they were also echoing a recent cabinet decision on private land seizure for settlements.  The Court back then took sides rather than constructed decision from principle (paradigm for this latter is Brown v Board of Education, hated everywhere it applied).</p>
<p>In colonial America there was a princple that acquiescence makes constitutional law.  So the British Tea Tax was refused by not buying tea so as to avoid precedence of accepting the authority of the tax.  The IDF has either delayed implementing Court orders or outright ignored such to create its own independent constitutional standing.  Strangely, a Knesset law removing Court oversight might have the opposite effect on the Court.  Delays suduce with the possibility of enactment or compromise; outright removal of jurisdiction tempts angry resistance.  The IDF and Executive have done quite well through delay and mumble, presenting themsleves as compromising in the committee of the constitution which is (now) the Knesset, Political Government, Administration, Court, and IDF.  They will keep pressing these issues using such seduction, the Court losing ground through its own reasonableness.</p>
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		<title>By: aristeides</title>
		<link>http://972mag.com/rewarding-the-lawbreakers-new-settlement-homes-on-confiscated-lands/65971/comment-page-1/#comment-108467</link>
		<dc:creator>aristeides</dc:creator>
		<pubDate>Thu, 14 Feb 2013 00:35:28 +0000</pubDate>
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		<description>The system is working just as designed.</description>
		<content:encoded><![CDATA[<p>The system is working just as designed.</p>
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