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

By Yifat Holzman-Gazit

All through many of the country's historical past, Israel's very best courtroom has did not set limits at the powers of land expropriation and to supply security to non-public estate. This ebook reports 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 publication examines how the Court's tendency to withhold safeguard to landowners rests on, and in flip is formed through, the social consensus in Israeli society as to the that means of non-public estate and the ideal of the govt. to take it.

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Sample text

From a practical perspective, the failure did not have immediate implications for the suspect. C. 7/48, Al-Karbuteli v. D. 5. 38 Land Expropriation in Israel recommendation regarding the detainee. Yet despite the seemingly technical nature of the fault, the Court refused to regard it as inconsequential. 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] ...

If the authority in charge violated the right of the individual in accordance with the requirements set by law, the Court refrained from substantive review. Its intervention was confined to cases where the authority did not follow the letter of the law. The first steps toward changing the content of the Court’s rights jurisprudence occurred in 1953 with the enactment of the Judges Law, which was soon followed by the landmark decision in Kol-Ha’am v. Minister of Interior. In this second period, which ran from the mid-1950s until the mid-1970s, the Court gradually transformed its procedural authority into a moral one, developing grounds for a substantive approach which looks at the policy considerations of the authority in charge rather than at fulfillment of procedural requirements.

Given the global trend toward private financing of public services, a more attuned observation would be that the Israeli no-compensation rule appears exceptional in a comparative perspective not because of the policy decision it represents but because of the way it is applied in practice. Israeli courts failed to limit the ability of local planning authorities to impose extortionate costs on property owners. ’ The ‘need’ test is that the new development must create the need for additional public investment—sewage facilities, parks, or schools—and the amount of the exaction must correspond to the cost of satisfying such need.

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