policies are directly related to human rights, and especially to indigenous communities and forcible displacement. Given the diverse cultural and legal traditions embraced in different regions and countries globally, we will, firstly, outline the lowest common denominator of standards of zoning and planning. In the following sections, we will show how Israel fails to meet them.9 Nevertheless, what this Working Paper shows, above all, is that Israel’s failure to meeting the lowest democratic and legal standards stems not from a mere procedural fault, but rather from an inherent ideological drive. In other words, the consistency and persistence in which basic legal, ethical and logical zoning and planning standards are violated in all parts of Mandate Palestine, over a stretch of history almost seven decades long, manifests an unmistakable deliberate pattern of an ideology that aims at Palestinian transfer from their ancestral homeland. Legality European jurisprudence identifies legality as one of the principles to be adopted when making decisions, in order to avoid exercise of arbitrary action. This means every decision must be made in accordance with the law. Planning, to the extent that it involves the exercise of power, is subject to the law. No official can make a decision which affects the legal rights and interests or liberties of a person unless such decision is authorized by law. Even the widest ranging discretion must be exercised consistently with the scope and purpose of the law under which it is exercised. This applies to decisions affecting property rights generally. Laws and regulations may specify matters which have to be taken into account or disregarded when the decision is made. They may, in the field of planning, include requirements for public notification, consultation and consideration of public objections or submissions. However wide the decision-making power, it will always be a requirement that the decision is only made in furtherance of the purposes of the law and by reference only to those considerations which are relevant to those purposes and not for collateral purposes.10 Proportionality We define the principle of proportionality by linking it to the principle of legality, especially when it comes to the exercise of public powers and when 9 Council of Europe, “The Margin of Appreciation.” 10 Justice Robert French AC, “Property, Planning and Human Rights”; See also Stephen Berrisford, “Why It´s Difficult to Change Planning Laws in African Countries?” 10

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