Case Number

HCJ 11163/03

Date Decided

2-27-2006

Decision Type

Original

Document Type

Full Opinion

Abstract

Facts: The government adopted a decision to establish ‘national priority areas’ in outlying parts of the country. These areas were defined in a map that was attached to the government decision. The towns and residents of these areas were given benefits, including in the field of education. The petitioners attacked the legality of the government decision on the ground of discrimination, since hardly any Arab towns were included in the national priority areas. The respondent argued that the criterion for determining the national priority areas was purely geographic, that there was no intention to discriminate against Arab towns and that there were simply very few Arab towns in the most outlying parts of the country in the north and south. The respondent also argued that other measures had been adopted to improve education in Arab towns.

Held: (President Barak) The government decision should be set aside because it was discriminatory in its result. Discrimination may occur without any discriminatory intention or motive on the part of the persons creating the discriminatory norm. The discriminatory outcome is sufficient to set aside the government decision.

(Vice-President M. Cheshin) The decision to create ‘national priority areas’ is in essence a primary arrangement. Primary arrangements can only be made by the legislative branch, the Knesset, and not by the executive branch, the government. Therefore the creation of the ‘national priority areas’ was ultra vires.

Petition granted.

Keywords

Constitutional Law -- Government, Education -- Discrimination

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