By Yifat Holzman-Gazit

All through many of the country's historical past, Israel's very best court docket has did not set limits at the powers of land expropriation and to supply security to personal estate. This booklet reviews the Israeli case legislations of land expropriation opposed to the social features, political realities and ideologies of Israel. Taking a brand new method of the translation of Israeli jurisprudence and uncovering the cultural and social underpinnings of the judicial remedy of estate rights, the booklet examines how the Court's tendency to withhold safety to landowners rests on, and in flip is formed through, the social consensus in Israeli society as to the that means of personal estate and the perfect of the govt to take it.

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Extra resources for Land Expropriation in Israel (Law, Justice and Power)

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I. 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 1990a; Lahav 1993; Harris 1997). The status of the Supreme Court within the Israeli system of government during this period was uncertain.

In ordering the release of the suspect, the Court explained: since the rule of law is one of the greatest foundations of the entire State, there would be grave damage to the [public interest] if the authorities could use the powers conferred by the legislature, even temporarily, in utter disregard of [statutory restrictions] ... It is true that the security of the State, which requires the detention of a person, is no less important than the need to protect the citizen’s right, but when it is possible to accomplish both purposes together, one cannot disregard one or the other.

Nevertheless, although the Supreme Court’s authority to review administrative actions as HCJ was not questioned, the Court opted for a narrow scope of review. This was evident primarily with regards to the 1945 Defence (Emergency) Regulations (hereinafter the 1945 DERs) that were heavily used by the executive in the early years. Upon independence, the Provisional Council of the State of Israel declared a state of emergency which resulted in the incorporation of the 1945 DERs promulgated by the British Mandatory authorities into Israeli law.

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