In addition, it was argued thatthe cases in which the application for an extension order will not be heard in a split manner are extremely rare. Hence, in the vast majority of cases, a preliminary publication will be made in accordance with the provisions of section 64E(e)(1). Therefore, the fact that there are rare cases in which such a notice is not published does not make the appellant's interpretive position absurd.
- The State and the Manufacturers Association also sharpened their argument and added to it. Among other things, the Association noted that this case is not suitable for setting rivets in the series of hypothetical scenarios raised by the appellant, not even in the case of the appellant Section 64E(c) Law, and it must be left to deal with them For the future, to the extent that this is necessary. She reiterated that the legislative history, and the exchanges in the discussions in the Knesset committees, support her interpretive position, and lead to the obvious result of rejecting the appeal.
Discussion and Decision
- After considering the arguments of the parties, I found that the appeal should be dismissed.
It is the interpretation of the Honorable Deputy Registrar that is consistent with the provisions of the Law. It is the one that is consistent with the intention of the legislature to create a clear and simple arrangement, of a kind of legal rule, whose purpose is certainty. This choice comes at a price, since the application of rules sometimes leads to results that appear to be unjust. On the other hand, the appellant's interpretive approach leads to considerable difficulties, which I will discuss below. Hence, its adoption will lead to a deviation from the arrangement that the legislature sought to create.
Here, too, I will comment on the analysis that was conducted in the Newron case, and I will bring below, with the necessary changes, the analysis that was conducted there.
Language of the Law
41. Let's start with the language of the law.
As is well known, an interpretive process begins with an appeal to the language of the law, and it is it that determines the interpretive framework. "Interpretation will always be bound by the four cubits of the language that determine its framework. Every interpretive activity must be anchored, even minimally, in the language of the norm" (Aharon Barak, "The Missing (Lacona) in Law and the Foundations of Law Law, " Mishpatim 233,234 (1991); see also High Court of Justice 6824/07 Manna v. Tax Authority, IsrSC 66(2) 479, para. 19 of the judgment of the Honorable Justice, as he was then called, Vogelman (2010)).