Historically, Israel's Supreme Court has failed to limit the state's powers of expropriation and to protect private property. This book argues that the Court's land expropriation jurisprudence can only be understood against the political, cultural and institutional context in which it was shaped. Security and economic pressures, the precarious status of the Court in the early years, the pervading ethos of collectivism, the cultural symbolism of public land ownership and the perceived strategic and demographic risks posed by the Israeli Arab population - all contributed to the creation of a harsh and arguably undemocratic land expropriation legal philosophy. This philosophy, the book argues, was applied by the Supreme Court to Arabs and Jews alike from the creation of the state in 1948 and until the 1980s. The book concludes with an analysis of the constitutional change of 1992 and its impact on the legal treatment of property rights under Israeli law.
Yifat Holzman-Gazit is a Visiting Professor of Law, at Stanford Law School, California, USA.
Contents: Introduction;The statutory framework of expropriation and the land tenure regime; Civil rights and land expropriation: double standard in the court in the pre-constitutional era; Nation-building and the ideology of public land ownership; The public use requirement: the impact of immigration and housing policies; Expropriation of Arab land in the 1950s: policy and process; Expropriation of Arab land as the basis for a general legal practice; The politics of land expropriation after 1967; The 1992 constitutional revolution: continuity and change; New millennium new directions?; Bibliography; Index.
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- ID: 9780754625438
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