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The Headmaster as Local Councillor

Published online by Cambridge University Press:  12 February 2016

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Abstract

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Type
Cases
Copyright
Copyright © Cambridge University Press and The Faculty of Law, The Hebrew University of Jerusalem 1966

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References

1 See for example, Kraines, Oscar, Government and Politics in Israel (Houghton Mifflin Co., Boston, 1961), Ch. 12, “Local Government”.Google Scholar

2 See Maisel, S., “Functions of Central Government and Local Authority in Education”, International Seminar for Local Government Administration (State of Israel, Jerusalem, 1962), Vol. II, p. 299.Google Scholar

3 Compulsory Education Law, 1949, sec. 7(a) (3 L.S.I. 125).

4 State Education Law, 1953, sec. 4 (7 L.S.I. 113).

5 State Education (Supervision Procedure) Regulations, 1956, Reg. 16 (Kovetz HaTakanot, 641, 1956, p. 116).

6 Compulsory Education Law, op. cit., sec. 7(b).

7 See Compulsory Education and State Education (Registration) Regulations, 1959 (Kovetz HaTakanot, 893, 1959, p. 1160).

8 Kovetz HaTakanot, 369, 1953, p. 1174, and 1353, 1962, p. 2489.

9 An almost identical provision is contained in sec. 120 of the Municipalities' Ordinance (Laws of the State of Israel (New Version) 8, 1964, p. 197 (in Hebrew) ).

10 Even this is not entirely free from doubt. The local Authorities (Restriction on the Right to be Elected) Law, 1964, (18 L.S.I. 168) is aimed at removing temptation from those holding positions which might in any way be exploited to procure votes. Amongst those who may not stand for election are holders of a post carrying any power to accept for or direct to employment. Even though the formal appointments are made by the local authority, the headmaster de facto has a very considerable say in the acceptance or dismissal of his secretary, the school caretaker, etc.

11 Witkon J. at p. 546.

12 Cohn J. at p. 853.

13 See, for example, Compulsory Education and State Education (Registration) Regulations, 1959, op. cit., n. 7 and State Education (Transfer) Regulations, 1959 (Kovetz HaTakanot, 893, 1959, p. 1169).

14 In the Hatzor case, at p. 548.

15 [1944] 1 All E.R. p. 475.

16 At p. 476.