Law and Politics in Israel Lands: Toward Distributive Justice

This article analyzes the development of the principles applying to the administration of Israel Lands, by distinguishing between three stages: (a) the first three decades of the Israel Land Administration (until the beginning of the 1990s), characterized by broad administrative autonomy without any substantial judicial review of the Administration's actions; the decade from the beginning of the 1990s, during which specific cases of discrimination were reviewed, but without reference to issues of land Policy in general; and (c) the stage initiated by the new and ground-breaking decision of the Supreme Court in the matter of agricultural lands, which applied the principle of distributive Justice to the administration of Israel Lands. The article elaborates on the meaning of applying the principle of distributive Justice with regard to Israel Lands-addressing both substance and procedure. First, it points to Initial guiding principles which should direct the Substance of the decision-making, Such as refraining from consistently disregarding the needs of any segment or group in Israeli society and considering the needs Of future generations. In this respect the article calls for inspiration from the literature dealing with questions of Just planning. Second, the article elaborates on the procedural aspects of the decision-making process, and points to procedures which Would maximize the chances that proper consideration is given to the largest possible spectrum of relevant interests (such as public access to Information about the administrative procedures while they are taking place, and opening up the process for the active participation of various groups). It concludes by examining future possible reforms regarding the administration of Israel Lands.