Public Law in Israel

By Itzhak Zamir; Allen Zysblat | Go to book overview

25
A. Bergman V. Minister of Finance and State Comptroller
[H.C. 98/69]
[23(1) PD 693 ( 1969)] Agranat P, Sussman J, Landau J, Berinson J, and Manny JIsraeli case referred to:
[1] EA 1/65 -- Yeredor v. Chairman of the Sixth Knesset Elections Committee; 19(3) PD 365.
American case referred to:
[2] Opinion of the Justices to the House of Representatives, 197 NE2d 691 ( Mass., 1964).

JUDGMENT

LANDAU J:

On 30 April 1969 this Court issued an order nisi against the Minister of Finance, to show cause why he should not refrain from any expenditure under section 6 of the Knesset and Local Authorities Elections (Financing, Limitation of Expenses and Audit) Law 1969 (hereafter 'the Financing Law'); and against the State Comptroller to show cause why he should not refrain from any act which he is directed or authorized to implement pursuant to sections 11 and 12 of the Financing Law. The order nisi was issued on the petition of Advocate Dr A. Bergman on two principal grounds: one related to the manner in which the Financing Law was initiated and the other related to the manner in which the Law was passed in the Knesset.

The first argument is that since the Financing Law imposes a monetary burden on the Treasury, it could only have been initiated by the Government. In fact, the Law was initiated by six Knesset members as a

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