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COURT WATCH - Confiscation of Property

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Expropriation by Forestation: HCJ 704/85 ‘Attoun v. Ministry of Finance (Judgment of November 18, 1986)
Criticism  |  704/85  |  1.3.2012  |  Adv. Yotam Ben Hillel
Criticism
In Shakespeare’s classic tragedy, Macbeth, the protagonist, asks the three witches to tell him what his future holds. The witches assure him that he will be king as long as Birnam Wood does not advance toward his castle. The witches’ prophecy calms Macbeth, but later on, the English army cuts boughs from the trees of Birnam Wood and uses them as camouflage to advance toward his castle. Macbeth’...
Seizure of Private Land for the Purpose of Building Settlements: HCJ 390/79 Dweikat v. Government of Israel (Judgment of October 22, 1979)
Criticism  |  390/79  |  1.1.2010  |  Adv. Yossi Wolfson
Criticism
The Dweikat judgment (also known as the Elon Moreh judgment) is considered a bright spot in the Israeli Supreme Court’s case law regarding the OPT. Then Acting Supreme Court President Moshe Landau, who wrote the principal opinion in the case, undoubtedly viewed the ruling in favor of the Palestinian residents as a bold, dramatic and courageous step for which the court might yet pay the price. A...
Affirmative Action in Favor of the Majority: HCJ 114/78 Burqan v. Minister of Finance (Judgment of July 4, 1978)
Criticism  |  114/78  |  1.12.2009  |  Adv. Yossi Wolfson
Criticism
It could be said that the Burqan judgment enshrines in Israeli law the principle of affirmative action – in favor of the Jewish majority.These are the facts as reflected in the judgment: the family of the petitioner, a Palestinian resident of East Jerusalem, had lived in a rented apartment in the Jewish Quarter in the Old City of Jerusalem since 1947. The apartment may have been partly owned by...
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