The Regime's Violation of the Right to Property in the West Bank, Palestine: Rawabi Project as a Case Study
The purpose of this paper is to assess the Palestinian Constitutional Court's reasoning of its judgment in Rawabi Case, a case in which the Government's expropriation of a large area of privately-owned land was challenged before the Court. The expropriation was to transfer the ownership of...
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| Format: | Article |
| Language: | English |
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Constitutional Court of the Republic of Indoneisa
2020-06-01
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| Series: | Constitutional Review |
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| Online Access: | https://consrev.mkri.id/index.php/const-rev/article/view/1670 |
| _version_ | 1797989621746892800 |
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| author | Osayd Awawda |
| author_facet | Osayd Awawda |
| author_sort | Osayd Awawda |
| collection | DOAJ |
| description | The purpose of this paper is to assess the Palestinian Constitutional Court's reasoning of its judgment in Rawabi Case, a case in which the Government's expropriation of a large area of privately-owned land was challenged before the Court. The expropriation was to transfer the ownership of that land to Bayti Real Estate Investment Company, a private company that later on built the first planned city in Palestine: Rawabi. This paper explains what implications the judgment in this case has on the relationship between the regime and other major private investors in the West Bank. The paper starts with explaining how some constitutional courts perform the function of providing credible commitments in the economic sphere, where such courts are situated in authoritarian settings. Then, it moves to the specific case of Rawabi, explaining the facts of the case and describing Rawabi's connections to the regime's interests. The paper concludes that the Constitutional Court has failed to perform its main function of upholding the Palestinian Basic Law and, in particular, protecting the right to property for the owners of the expropriated lands. |
| first_indexed | 2024-04-11T08:23:15Z |
| format | Article |
| id | doaj.art-2fe1968495ad4193bdf22944ee89e4f1 |
| institution | Directory Open Access Journal |
| issn | 2460-0016 2548-3870 |
| language | English |
| last_indexed | 2024-04-11T08:23:15Z |
| publishDate | 2020-06-01 |
| publisher | Constitutional Court of the Republic of Indoneisa |
| record_format | Article |
| series | Constitutional Review |
| spelling | doaj.art-2fe1968495ad4193bdf22944ee89e4f12022-12-22T04:34:51ZengConstitutional Court of the Republic of IndoneisaConstitutional Review2460-00162548-38702020-06-016116618910.31078/consrev616473The Regime's Violation of the Right to Property in the West Bank, Palestine: Rawabi Project as a Case StudyOsayd Awawda0Faculty of Law and Political Science, Hebron University, West Bank, PalestineThe purpose of this paper is to assess the Palestinian Constitutional Court's reasoning of its judgment in Rawabi Case, a case in which the Government's expropriation of a large area of privately-owned land was challenged before the Court. The expropriation was to transfer the ownership of that land to Bayti Real Estate Investment Company, a private company that later on built the first planned city in Palestine: Rawabi. This paper explains what implications the judgment in this case has on the relationship between the regime and other major private investors in the West Bank. The paper starts with explaining how some constitutional courts perform the function of providing credible commitments in the economic sphere, where such courts are situated in authoritarian settings. Then, it moves to the specific case of Rawabi, explaining the facts of the case and describing Rawabi's connections to the regime's interests. The paper concludes that the Constitutional Court has failed to perform its main function of upholding the Palestinian Basic Law and, in particular, protecting the right to property for the owners of the expropriated lands.https://consrev.mkri.id/index.php/const-rev/article/view/1670palestinian constitutional courtrawabi projectright to propertywest bank |
| spellingShingle | Osayd Awawda The Regime's Violation of the Right to Property in the West Bank, Palestine: Rawabi Project as a Case Study Constitutional Review palestinian constitutional court rawabi project right to property west bank |
| title | The Regime's Violation of the Right to Property in the West Bank, Palestine: Rawabi Project as a Case Study |
| title_full | The Regime's Violation of the Right to Property in the West Bank, Palestine: Rawabi Project as a Case Study |
| title_fullStr | The Regime's Violation of the Right to Property in the West Bank, Palestine: Rawabi Project as a Case Study |
| title_full_unstemmed | The Regime's Violation of the Right to Property in the West Bank, Palestine: Rawabi Project as a Case Study |
| title_short | The Regime's Violation of the Right to Property in the West Bank, Palestine: Rawabi Project as a Case Study |
| title_sort | regime s violation of the right to property in the west bank palestine rawabi project as a case study |
| topic | palestinian constitutional court rawabi project right to property west bank |
| url | https://consrev.mkri.id/index.php/const-rev/article/view/1670 |
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