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Oppenheimer v. Ministers of Interior and of Health

HCJ 295/65, 20(1) PD 309 (1966)

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Oppenheimer v. Ministers of Interior and of Health

Israel Supreme Court
HCJ 295/65, 20(1) PD 309 (1966)

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Facts

Oppenheimer and seven other petitioners (plaintiffs) filed a petition with the Israel Supreme Court, alleging that Israel’s ministers of the interior and of health (defendants) had failed to enact regulations under the Law for Prevention of Nuisances. The law prohibited anyone from causing “substantial or unreasonable” noise, odor, or pollution, and it directed the ministers of the interior and of health to promulgate regulations concerning potential violations of this law. Specifically, the law said that the ministers of the interior and of health “shall promulgate” regulations regarding nuisances. Each of the petitioners complained that he was being subjected to some sort of noise or odor nuisance, and each claimed that the lack of regulations made it difficult or impossible to enforce the law. The ministers argued that they were empowered, but not required, to enact regulations under the law.

Rule of Law

Issue

Holding and Reasoning (Silberg, C.J.)

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