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A Digest of Selected Judgments of the Supreme Court of Israel

Published online by Cambridge University Press:  04 July 2014

Leslie Kim Treiger
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Type
Cases
Information
Israel Law Review , Volume 27 , Issue 3 , Summer 1993 , pp. 495 - 514
Copyright
Copyright © Cambridge University Press and The Faculty of Law, The Hebrew University of Jerusalem 1993

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References

1 See (1992) 26 Is.L.R. 407–573Google Scholar. For a summary of the case, see pp. 438-441.

2 The Court further cited Shalit v. Peres (1990) 44(iii) P.D. 353.

3 In this regard the Court quoted Justice Haim Cohen in Shapira v. The District Committee of the Bar Association (1970) 24(i) P.D. 325, for the proposition that a public authority is created solely for the sake of serving society, and such authority has no additional rights or obligations beyond this duty.

4 Elon D.P. referred to the decision of the late Justice Vitkon in Axelrod v. Minister of Religion (1968) 22(i) P.D. 80, at 84, in which it was held that an appointment cannot be justified with the argument that a Minister may prefer members of his Party; administrative authority may not be exploited for the protection of Party interests.

5 In this regard, the Court cited at length from its opinion in Avdel-Hai v. Director General of the Ministry of Education and Culture, (1987) 41 (i) P.D. 795, wherein the Court invalidated an election because of an improper communication from a Member of Knesset, even though the Chairperson of the Committee argued that he had not been influenced by the communication.

6 12 L.S.I. 82.

7 The Court noted in this context its decision Gieger v. Gieger (1967) 21(i) P.D. 303. The Court later explained that Gieger dealt, in the context of the present issue, only with the question of the finality of a judgment that was not resolved properly. Where a case is not resolved properly, there is no place to uphold the foreign court judgment.

8 (1973) 27(iv) P.D. 705.

9 16 L.S.I. 106; amended Capacity and Guardianship (Amendment) Law, 1965 (19 L.S.I. 113).

10 Ha'aretz Newspaper Publications Ltd. v. Mizrachi, (1987) 41(ii) P.D. 169. The Court also cited the Book of Ecclesiastes for the proposition that a good name is better than good oil. (chap. 7:1)

11 The Court noted that the solution is the same for cases involving liability based on fault, as well as cases based on strict liability as in the instant suit.

12 38 L.S.I. 271, at 289.

13 K.T. 1984, p. 2287.

14 (1902) 86 L.T. 1 (C.A.).

15 Supra n. 12, at 284.

16 Ibid., at 292.