Justice v. Hendel
- A case case and its solution. It's in civil law, it's in criminal law, and it's in constitutional law.
The Supreme Court ruled in 1955 (High Court of Justice Friday [2]) that a municipality is not entitled to authorize itself to enact a bylaw regarding the prohibition of the sale of pigs. Only the Knesset of the State of Israel is entitled to authorize the municipality in this matter. This is how the Knesset acted, about six months later, in its decision to enact the Accreditation Law. This law was reviewed by the High Court of Justice (the Menashi case [1]). Against the background of these developments, the Ashkelon Municipality enacted in 1958 – a bylaw prohibiting the sale of pigs within its borders, the Ashkelon Bylaw (Pigs and Pork), 5718-1958.
The "substantive" Basic Laws (Human Dignity and Liberty and Freedom of Occupation) include a section on the preservation of laws (the first in section 10 and in the second in section 10 until 2002), according to which these laws do not prejudice the validity of a law that existed before the Basic Laws came into force.
The Accreditation Law was enacted legally. It was enacted before the Basic Laws. The law is clear on the face of it. Article 2 states that a local authority may impose a restriction or prohibition on the sale of pig "to any area of its jurisdiction or to a particular part thereof." A municipality is expressly empowered to prohibit the sale of pork in all its jurisdictions.
In these circumstances, it can be determined that the court was not granted discretion to repeal the law. The Knesset has had its say. The Ashkelon Municipality has had its say. The Knesset had its say again in its decision to enact a clause in the Basic Laws. The voices are clear. The appellants have reservations about the municipality's decision, in fact on the basis of the result it reached alone, and not because of any other defect. This reservation does not override the constitutional history and case law that have been brought.
- Is it possible to raise the level of a home audit-A trial on the law prohibiting the sale of pigs in Ashkelon? After all, the Basic Law, although it protects and preserves the old law, stipulates that the interpretation of the provisions of the old law will be made in the spirit of the provisions of this Basic Law (see section 10 of the Basic Law: Freedom of Occupation).
What does it mean to interpret in the spirit of the provisions of the Basic Law?