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

By Yifat Holzman-Gazit

Traditionally, Israel's perfect court docket has did not restrict the state's powers of expropriation and to guard inner most estate. This booklet argues that the Court's land expropriation jurisprudence can simply 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 dangers posed through the Israeli Arab inhabitants - all contributed to the production of a harsh and arguably undemocratic land expropriation criminal philosophy. This philosophy, the ebook argues, was once utilized through the ideally suited courtroom to Arabs and Jews alike from the construction of the nation in 1948 and until eventually the Nineteen Eighties. The publication concludes with an research of the constitutional switch of 1992 and its impression at the criminal remedy of estate rights lower than Israeli legislations.

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101 (1984). Civil Rights and Land Expropriation 35 The Periodization of Israeli Civil Rights Jurisprudence Scholars generally distinguish three major periods with regard to Israeli civil rights jurisprudence. 2 This five-year period (and some extend it to the first decade) was characterized by the struggle of the Court to receive recognition as a full-fledged and equal branch of government (Lahav l990a; Lahav 1993; Harris 1997). The status of the Supreme Court within the Israeli system of government during this period was uncertain.

95/49, AI-Couri v. O. 34 . Civil Rights andLand Expropriation 39 tenure and changed the system of selecting judges, the legislature and executive continued to treat the Court with disrespect. 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.

Aware of its political weakness and of its low status in the eyes of its political masters, the early Court retreated into procedural guarantee ofthe rule oflaw. Literal reading of statutes and a focus on the law's requirements served a dual function in the legal culture of early Israel. On the one band, the formalistic stance which relegated all political and ethical considerations to another sphere enhanced the impression of autonomy of the judicial process and allowed the Court to establish its status in the Israeli polity and to generate respect for its decisions under the cast of 'strict objectivity' (Lahav 1990a).

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