Tel Aviv University Buchmann Faculty of Law
Is there anything more to say about Kol Ha'am? This is essentially a philosophical question. Is it possible to exhaust the variety of possible interpretations of a historical event, of a judicial opinion? Most researchers would agree that history, the history of the law included, cannot be exhausted. This is not merely a question of the availabiltiy of new materials, but of the writer's point of view. My point of departure is that there has to be something more to say, if only because we have before us a text that was created in a historical context. In discussing Kol Ha'am, I shall try to focus on the boarder picture of the 1950s, and to raise a related - very important but neglected - question in Israeli constitutional law, that regarding the procedure for embarking on war.
Sixty Years since the Kol Ha'am Decision: What More Is There to Say
Tel Aviv University Law Review
Available at: https://scholarship.law.bu.edu/faculty_scholarship/2209