סמכות בתי המשפט שאינם בג"ץ להחיל ביקורת שיפוטית על חוק שפוגע בזכויות האדם

Until recently, the prevailing doctrine recognized the authority of every court to employ judicial review of legislation when necessary, in resolving a legal dispute, similar to their power to review other actions taken by the state. Furthermore, in numerous cases petitions filed with the High Court of Justice were dismissed based on the availability collateral challenge in other courts. Recent decisions by the Supreme Court have introduced a radical change,significantly restricting the right to challenge legislation collateraly. This approach was also included in the government’s plan for judicial overhaul.This article suggests that courts have the power to determine collateral challenges and to declare invalid legislation that violates human rights.This power, however, is limited to proceedings initiated by individuals with a personal interest in the matter. The HCJ has exclusive jurisdiction only when the legislation in question does not directly harm a private interest. The article explores the relevant positive and normative considerations surrounding this issue.