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Law in Times of Crisis Part 6

Trong tháng 9 năm 1945, người Anh bắt buộc điện ở Palestine đã ban hành Quốc phòng (khẩn cấp) quy định (DER), được thành lập "một chế độ ảo của pháp luật võ''244 cộng đồng Do Thái ở Palestine, chống lại người mà gánh nặng của các quy định được đạo diễn. | the normalization of the exception 229 In September 1945 the British Mandatory Power in Palestine promulgated the Defence Emergency Regulations DER which established a virtual regime of martial law. 244 The Jewish community in Palestine against whom the brunt of the regulations was directed decried the measures as creating a police state in Palestine245 and as undermining the foundations of the law and constituting a grave danger to an individual s life and freedom and imposing an arbitrary regime. 246 When the State of Israel was established much of the mandatory legislation then in effect stayed on as part of the Israeli legal system including the DER.247 The challenges to the DER did not stop in 1948. On several occasions these regulations were denounced by leading figures across the political spectrum. For example in 1951 the then opposition leader Menachem Begin argued referring to the DER that the law that the government used is Nazi it is tyrannical it is immoral and an immoral law is also an illegal law. 248 Yet the DER have remained in effect almost in their entirety to this day. Almost all the attempts to abolish the regulations in whole or in part including early on a government proposal to that effect have failed. The continued use of the DER became acceptable it came to be considered as an evil perhaps but an evil that one had to live with because of external circumstances imposed on the nation. At first the regulations were considered a necessary stopgap measure allowing the new state to deal with the critical situation it faced. At later stages different reasons militated against abolishing the regulations.249 It is interesting to note that in the official commentary to the Emergency Powers Detention Bill -- which as a law passed by the Knesset is still the most significant reform of the DER since 1948250 - Menachem Begin s government declared I n the state of siege to which the State is subject since its establishment one cannot relinquish special .