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Download Land Expropriation in Israel: Law, Justice and Power by Yifat Holzman-Gazit PDF

By Yifat Holzman-Gazit

Traditionally, Israel's very best court docket has did not restrict the state's powers of expropriation and to guard inner most estate. This e-book argues that the Court's land expropriation jurisprudence can basically be understood opposed to the political, cultural and institutional context within which it used to be formed. protection and financial pressures, the precarious prestige of the court docket within the early years, the pervading ethos of collectivism, the cultural symbolism of public land possession and the perceived strategic and demographic hazards posed via the Israeli Arab inhabitants - all contributed to the production of a harsh and arguably undemocratic land expropriation felony philosophy. This philosophy, the booklet argues, used to be utilized by means of the ultimate courtroom to Arabs and Jews alike from the production of the nation in 1948 and till the Eighties. The booklet concludes with an research of the constitutional swap of 1992 and its impression at the felony remedy of estate rights lower than Israeli legislation.

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Additional resources for Land Expropriation in Israel: Law, Justice and Power

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1 I f { ) ( 1. "\ . I ........ cts of land. After all, one of the purposes of a policy of 'land banking' is to ensure an adequate supply of public facilities when land is released for development However, as planning experts observe, Israel lacks a policy of municipal land banking that would provide for accumulation of land by local municipalities for future public needs (Alterman et al. 1990). The failure oflocal government to initiate a policy ofland assembly and banking is grounded in several factors.

7 The impression that the Court was the least important branch of government was further reinforced by the decision not to enact a constitution. Israel's Declaration of Independence of May 14, 1948 included an explicit commitment to establishing a constitutional legal regime. ' Yet, as it turned out, the Knesset never upheld this commitment and instead it adopted what is known as 'Harari Resolution,' according to which Israel's constitution would be enacted piecemeal through a series of Basic Laws.

The ambivalent attitude of the legislative and executive branches toward the judiciary affected case law. The Supreme Court adopted a stance ofjudicial restraint that, in essence, accepted the political culture of the period. This is not to say that the Court did not protect basic liberties such as freedom of occupation and freedom of movement. However, application ofjudicial review was cautious. used on the procedural requirements ofthe laws in question. lfthe authority in charge violated the right ofthe individual in accordance with the requirements set by law, the Court refrained from substantive review.

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