Caselaw

Criminal Appeal (Be’er Sheva) 7182/98 Shmukler et al. v. State of Israel – Ashkelon Municipality Vice President Y. Pepper - part 7

October 27, 1999
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(b)     Seven months after the ruling was given-The Law in the High Court of Justice Case Friday [2] The Knesset enacted (on December 6, 1956) the Accreditation Law, in order to overcome the obstacles placed by the House-The Supreme Court is before the municipalities to enact bylaws such as the bylaw under discussion In a High Court of Justice case Friday [2] (See Proposal Local Authorities Law (Special Authorization), 1956-).

According to Section 1 of the Accreditation Law –

"Notwithstanding the provisions of any other law, a local authority shall be authorized to enact a bylaw that will restrict or prohibit the sale of pig meat and its products for consumption."

Section 2 of the Accreditation Law states that:

"A local authority may impose a restriction or prohibition as stated in section 1 on any area of its jurisdiction or on a specific part thereof, provided that they apply to the entire population in that area or in that part thereof."

(c)     Shortly after the Accreditation Law was enacted, it was submitted to the House-The Supreme Court Michel Ben Costa Menshi's Petition against the Minister of the Interior - High Court of Justice Menashi [1]).

Manashi, a Christian, owner of a butcher shop in the Jaffa municipal market, was prosecuted for violating the provisions of the Tel Aviv-Jaffa Municipality's bylaw prohibiting the sale of pork.

The Supreme Court held that:

"There is no basis for the argument that the municipality did not have the power to enact the bylaw in question at all, since the aforementioned authorization law granted the municipality this power.  The Enabling Law gave the municipality the power to prohibit the sale of pig meat in its jurisdiction, and this is what the municipality did in the aforementioned bylaw.

Therefore, the complaint of counsel for the applicant is directed only at the discretion of the municipality due to its refusal to use the power given to it in section 2 of the Authorization Law to exclude the area in which the applicant's shop is located from the application of the bylaw."

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