Position paper on the invalidation of the reform by the High Court of Justice
I thought this might interest the rabbi, a position paper on the invalidation of the Reform, etc., written by David Enoch and other jurists.
I read it quickly, and I completely agree. The fundamental problem, as Barak Koren also wrote, is the definition of basic laws and the form of their legislation.
In addition, they also stand on Dworkin’s “principles,” and indeed, for some time now I have thought that the Court can invalidate any basic law based on the “principles,” even without them having been enacted (because it is as if they had been enacted). Hence its authority to invalidate basic laws. Just as they prosecuted the defendants in the Nuremberg trials even though they obeyed the law in force in their country.
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