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21 Tel Aviv U. L. Rev. 386 (1997-1998)

handle is hein.journals/telaviv21 and id is 397 raw text is: fl,,jvfl  I m:) umVf ))l'))y                                                                                   'VP

The purpose of this essay is to provide the incoherent principle of good faith
with a meaning that would match the guidelines of the Israeli Civil Procedure
Rules, while providing a doctrinaire scrutiny that would allow for the
applicability of this principle without damaging the delicate fabric of the Israeli
Rules of Civil Procedure. In this essay, the principle of good faith is implied in
the behavior of the litigants in the articulation of statements of claim, temporary
remedies, and the court's authority.
Unfortunate or Perilous: The Infiltrators, the Law and
the Supreme Court 1948-1954
Oren Bracha
The Arab infiltrators in the first years of the State of Israel constituted an
heterogeneous group and differed from each other in their motives and goals.
Nevertheless, in the public and legal discourse all infiltrators were subsumed
under one category and were conceived as a threat to security. Deportation was an
important part of the different measures that the State of Israel took in order to
deal with infiltration. During the years 1948-1954 several statutes were used to
deport infiltrators, some of which were existing British statutes while others
were new Israeli ones. The Supreme Court's legal policy restricted the
deportation actions only in a very mild fashion. This is explained by the Court's
nature as a social institute which reflected Zionist ideology and public
consensus, but at the same time worked to educate the public and the
government in the spirit of the rule of law.

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