Date of Submission
Open Access Senior Thesis
Bachelor of Arts
© 2017 Bria Y. Smith
This paper defends Israel's expropriation of property under the Absentee Property Law within the state’s pre-1967 borders on constitutional grounds, but holds that the Law’s increased use in the region of East Jerusalem is invalid under Israel's constitutional scheme. This distinction turns upon the state’s application of the Law for necessary purposes. I hold that Israel’s justification for breaching human rights explicitly protected must be based on the state’s need to preserve its foundational ideology and national purpose in times of extra-normal circumstances. Israel may act undemocratically only to the extent imperative to preserve the Jewish nation and the existence of the Jewish state for generations to come.
Smith, Bria, "Israel's Absentee Property Law: When is Democratic Failure Necessary?" (2018). CMC Senior Theses. 1797.