The role of courts in open space conservation: Lessons from the Israeli experience

Under conditions of increasing urbanization and expanding development, the issue of open space conservation is becoming more complex and controversial. This is manifested, among others, by the growing body of research dedicated to various aspects of the issue and the factors that affect it. However, research so far has largely neglected one of these factors, namely, the significant role that courts may play in conservation. This paper highlights the role of courts and the constraints that frame their potential impact on the consequent spatial layout of open spaces. The paper provides evidence from a recent study of Israeli court rulings that were concerned with issues of conservation and planning decisions, and offers practical suggestions for immediate implementation as well as directions for further research.