Key Aspects of Israeli Law and Supreme Court Rulings

Section 39 of Basic Law Government

Section 39 of Basic Law Government states that emergency regulations shall not be enacted, except to the extent warranted by the state of emergency.

Israel's Culturally Neutral Attitude

Israel specifically adopts a culturally neutral attitude towards all inhabitants because: (NOT ANY OF THESE) there is a requirement of neutrality to fulfill a liberal democratic constitution. + the Declaration of Independence does not declare total equality between all inhabitants. + according to Barak's Key Theory, once you are in Israel, only Jews are equal.

Interview with Israelis and Saudis

In an interview with Israelis and Saudis, the Court would rule in favor of the petitioners, due to the low probability of endangering the public peace and the significant damage caused to the petitioners.

Correct Statements on Judicial Review

The following statements are correct:

• Fundamental values (expressed in the 2 Basic Laws on Human Rights) are the grounds for judicial review.
• Judicial Review is necessary in order to ensure that the Government will not disregard the limitations formed by the Basic Laws.
• Laws that were formed before the enactment of the 2 Basic Laws on Human Rights are not subject to Judicial Review by the HCJ.

Incorrect Statement on Judicial Review

The following statement is incorrect: In times of emergency, Knesset actions cannot be judicially reviewed by the HCJ.

Basic Law Freedom of Occupation

Basic Law Freedom of Occupation: (NOT ANY OF THESE) does not allow for a law to infringe on an individual's constitutional rights even when it is for a limited time and for a just cause. + was modified by the Mizrahi Case. + Governs legislations formed by the Knesset before 1992. + Explicitly allows the HCJ to judicially review laws enacted by the Knesset.

Passing of the 2 Basic Laws in 1992

To ensure the passing of the 2 Basic Laws in 1992:

• The Basic Laws on Human Rights did not declare equality as a constitutional right.
• A clause preserving (or grandfathering) existing laws was added to both Basic Laws.
• A limitation clause was added to both Basic Laws.

Aharon Barak on Extra-Territorial Application of Israeli Law

Aharon Barak (former President of the Supreme Court) on the extra-territorial application of Israeli law: "The Israeli Constitution goes with the Israeli flag."

The Harari Decision

The Harari decision was:

• NOT a decision made by the constituent assembly to act as a regular parliament.
• NOT a decision that allowed Ultra-Orthodox not to serve in the IDF.
• NOT a decision to postpone the drafting of the Israeli constitution to a later date.
• NOT a decision that the Declaration of Independence should serve as the Constitution.

The Constitution in Israel from 1948 until the 2 Basic Laws

From 1948 until the 2 Basic Laws (Human Dignity & Liberty and Freedom of Occupation), the Constitution in Israel consisted of Basic Laws describing the organs of the state and decisions on constitutional matters made by the HCJ.

Alice Miller v. Minister of Defense

In Alice Miller v. Minister of Defense, the court ruled that in spite of differences between men and women, they are "like cases" for the purpose of being a pilot, and hence, should be treated equally.

Article 12 of the Basic Law Human Dignity & Liberty

During times of emergency, Article 12 of the Basic Law Human Dignity & Liberty prevents the government from denying or restricting rights under the Basic Law, UNLESS such denial or restriction is for a proper purpose and for a period and extent no greater than is required.

Access to the Israeli Supreme Court

"The doors of the Israeli Supreme Court are open to anyone seeking a remedy against any activity of the Israeli government." This statement is TRUE.

Aharon Barak on Israel's Constitution

Aharon Barak said: "Israel has a partial, incomplete constitution, but a constitution nonetheless."

Proportionality Analysis of Adam V. Knesset Case

In the Adam V. Knesset case, the HCJ determined that there are many alternative means that the state can employ, and considering the effectiveness of the border fence with Egypt and the possibility of improving its efficiency, it CANNOT be said that the benefit attained by taking infiltrators into custody is greater than the severe limitations of their rights.

Szenes v. Broadcasting Authority Case

In the Szenes v. Broadcasting Authority case, the HCJ determined that although the scene in question defamed Chana Szenes and also injured the feelings of the public in general and that of Holocaust survivors in particular, in a democratic society only a near certainty of grave and severe injury to feelings can justify the prior restraint of expression and that harm of this nature IS NOT present in this case.