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Q&A: Position Paper on the High Court of Justice Striking Down the Reform

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This is an English translation (via GPT-5.4). Read the original Hebrew version.

Position Paper on the High Court of Justice Striking Down the Reform

Question

I thought this might interest the Rabbi: a position paper on striking down the reform, etc., written by David Enoch and other legal scholars.
 
 

Answer

I read it quickly, and I completely agree. The fundamental problem, as Barak-Corren also wrote, is the definition of Basic Laws and the way they are legislated.
In addition, they also discuss Dworkin’s “principles,” and in fact for quite some time I’ve thought that the court can strike down any Basic Law on the basis of those “principles” even if they were never enacted, because it is as if they are inscribed. And from there also comes its authority to strike down Basic Laws. Exactly like how the defendants in the Nuremberg Trials were prosecuted even though they obeyed the valid law in their own country.

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