ABSTRACT

Jewish public-constitutional laws are incorporated into the legal system of the Jewish state in two ways: through court decisions, particularly those of the Supreme Court, and through Knesset legislation and subsequent case law that applies the legislation. In the opening section of the opinion, the Court discussed previous case law that relied on the following statement of the learned de Smith: A discretionary power must, in general, be exercised only by the authority to which it has been committed. The opinion continues: Notably, the readers have encountered this principle in Jewish administrative law since time immemorial. The rules of administrative law experienced extensive development and efflorescence in Jewish law ever since the tenth century, when the Jewish community gained in strength and status. In this chapter, the author aims to aware that he cannot pass Basic Law that anchors the values of the State of Israel as a Jewish and democratic state unless author achieves a broad consensus of all factions.