Foundations of Law (1980)

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(No. 72)

FOUNDATIONS OF LAW, 5740—1980 *

Supplementary
sources of law. 1. Where the court, faced with a legal question requiring decision, finds no answer to it in statute law or case-law or by analogy, it shall decide it in the light of the principles of freedom, justice, equity and peace of Israel's heritage.

Repeal of
article 46
of Order in
Council and
saving of laws. 2.

(a) Article 46 of the Palestine Order in Council, 1922-1947⁽¹⁾, is hereby repealed.

(b) The provision of subsection (a) shall not derogate from the law which was accepted in Israel before the coming into force of this Law.

MENAHEM BEGIN
Prime Minister SHMUEL TAMIR
Minister of Justice

YITZCHAK NAVON
President of the State

* Passed by the Knesset on the 10th Av, 5740 (23rd July, 1980) and published in Sefer Ha-Chukkim No. 978 of the 18th Av, 5740 (31st July, 1980), p. 163; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 1361 of 5738, p. 307.
⁽¹⁾ Laws of Palestine vol. III, p. 2569 (English Edition).

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SOURCE: "Laws of the State of Israel: Authorized Translation from the Hebrew, Volume 34". Government Printer, Jerusalem, Israel (1948-1989), p. 181.

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