Criminal Appeal (Be’er Sheva) 7182/98 Shmukler et al. v. State of Israel – Ashkelon Municipality Vice President Y. Pepper - part 26

On the other hand, one should not ignore the trend of giving too much validity and realization to individual rights and the recognition of the principles of pluralism that have gained a place in the State of Israel in recent years, certainly then the enactment of the Enabling Law and the bylaw more than 40 years ago, the most prominent expressions of which were expressed in the enactment of the Basic Laws that emphasized the rights of the individual and granted them the status of constitutional rights or super-rights.  Admittedly, these changes are not as clear and striking as was stated in the first judgment in the Mitral  case [10], regarding the difference in connection with the possibility of importing goods and products into Israel between the period of austerity and scarcity at the beginning of the period of the state, when the basic rule was that all imports require licensing, and our period in which there was no longer the same shortage of foreign currency and there was abundance in the markets of the country, and therefore the rule is that there is no longerFreedom of import unless there is a special restriction, since there have been conflicting developments regarding the maintenance of a religious lifestyle on the one hand, and individual freedom on the other.  On the one hand, as noted, the trend recognizing pluralism, individual rights and individual freedom has increased, and there have also been major changes in the composition of the population following the massive immigration of immigrants from Eastern Europe, but there is no denying that on the other hand, there is also a growing tendency, in significant parts of the population, to turn to excessive observance of religious values and commandments, so that the changes in this regard are not one-sided, but they are undoubtedly so numerous that they justify and require a reexamination of the provisions of the bylaw in light of the changes that have taken place since then its enactment, as noted, 40 years ago and a re-examination of its provisions in the spirit of the Basic Laws.