The importance of the matter is that if the legislature has established a mechanism of balance, which is a reasonable mechanism, weight should also be given to it in examining the individual decision of one municipality or another. The legislature deliberately left the matter to her. This pluralistic approach is the will of the legislature, it should not be invalidated, and the court should not even delimit its boundaries.
(e) Observance of the laws:
The legislature, in establishing the rule of observance of laws as established in the Basic Laws, reached an interesting compromise here as well. A compromise between change and maintenance. A merger between the future and the past. The Honorable President Shamgar defined the rationale of section 10 of the Basic Laws as a preference for "the stability of the law" and an expression of the fact that he "does not want sudden shocks" (Civil Appeal 6821/93, Civil Appeal Authority 1908/94, 3363 United Mizrahi Bank in Tax Appeal v. Migdal Kfar Cooperative et al. [20]). The Honorable Justice Cheshin referred to the difference between the new law and the existing law as a matter of necessity and understanding for "a man on Jaffa Street" as well as for him (Gneimat [13]). If the goal is indeed the stability of the law, it is important for the person to understand the community in order to achieve this goal.
The Honorable President Barak notes that the normative system of upholding the laws is "the fruit of a political compromise, but it creates a constitutional anomaly." He clarifies that "indeed, at the foundation of the Preservation of the Laws Clause lies a political compromise, which is based on the absence of agreement on the matter of religion and state" (see his book Interpretation in Law, vol. 3, Constitutional Interpretation [27], at p. 561).
If the principle of stability of the law is at the foundation of the rule of law, and at the foundation of this principle is the complex issue of religion and state, the obvious result is that the court will not rush to interferemuch in matters of religion of the old law, which is protected from the full force of the Basic Laws.