Case Number

HCJ 3511/02

Date Decided

1-16-2003

Decision Type

Original

Document Type

Full Opinion

Abstract

Facts: This petition concerns an urgent petition for an interim order. Petitioners request that the State build a bridge over Wadi Hebron in order to enable children to reach the regional public school. The State recognizes the urgent need for erecting a bridge, but claims that it is not possible within the framework of current regional planning laws.

Held: The Supreme Court held that the Basic Law: the Judiciary has a constitutional status superior to ordinary legislation. This superior status is not limited to the Basic Law’s grant of jurisdiction but also applies to its conferral of power to grant remedies. The Court, however, will generally abstain from granting a remedy under the Basic Law: The Judiciary if that remedy does not accord with other legislation, even if that legislation is subordinate to the Basic Law. However, in outstanding circumstances, when the case “cries out for help,” the court will not abstain from taking advantage of this “unconventional” authority. The Court held that, under the circumstances, use of its authority pursuant to the Basic Law was justified. As such, the Court ordered the State to build, as quickly as possible, a bridge over Wadi Hebron.

Keywords

Administrative Law -- Judicial review, Constitutional Law -- Basic Law: The Government

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