Act to Amend the Basic Law: Instead of a Constitutional Crisis: Revising the “For the Sake of Justice” Clause
Dr. Aaron Lerner 7 July 2026

Section 15(c) of the 1984 Basic Law: The Judiciary states that the High Court of Justice is authorized to hear “matters in which it deems it necessary to grant relief for the sake of justice.”

The law was enacted during the Likud government of Yitzhak Shamir, when Moshe Nissim served as Minister of Justice, and its wording has been considered relatively broad and unusual.

Over the years, this clause has been used as a basis for an expansive interpretation of the High Court’s powers in cases where the Court believed it necessary to grant relief on grounds of justice, even when such authority did not clearly arise from the written legislation itself.

In certain cases, such as the current disputed ruling, this has created situations in which rulings do not conform to the intent of the legislature or to the explicit language of the law.

Therefore, instead of calling for noncompliance with court rulings, the proper course in a democracy is to amend the Basic Law: The Judiciary so that it is explicitly clarified that the authority to grant “relief for the sake of justice” does not permit rulings that contradict the provisions of written law or the intent of the legislature as established in legislation.


________________________________________
IMRA - Independent Media Review and Analysis

Since 1992 providing news and analysis on the Middle East with a focus on Arab-Israeli relations

Website: www.imra.org.il