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High Court of Justice: Haredi evasion

שו"תHigh Court of Justice: Haredi evasion
שאל לפני 3 שנים

Hello Rabbi,
What does the rabbi think about the famous Supreme Court ruling that overturned the Tal Law and, more specifically, about the dispute between Judge Beinisch and Judge Grunis on the subject?
Judge Grunis said: The Knesset exempted yeshiva graduates from enlisting in the IDF. And since the Knesset decided, there was a majority that gave an unequal privilege to the minority, and in such a case it is not the court's job to intervene and protect the majority from itself, but to protect the minority.
On the other hand, Judge Beinisch argued: This is not a case of a minority. A minority is weak and needs the protection of the court. But this is not a minority because the minority is not examined by its demographic strength but by its political strength and its influence on the Knesset, and in this sense the Haredim are not a minority.
thanks
 
 
 


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מיכי צוות ענה לפני 3 שנים
I have not read the Psada and I am not familiar with it. I do not understand the entire debate here as you have described it. The role of the court is not to protect minorities but to rule according to the law. The role of the Knesset is to protect minorities. The question is whether this law contradicts any Basic Law or not. If so, it should be repealed even if the Haredim are not a minority, and if not – then it should not be repealed even if they are a minority.

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