Britain, which in 1920 received a League of Nations mandate to govern Palestine, implemented the common-law system, except for the jury system. Legal precedents in torts and contracts were borrowed from England, and certain legal areas were codified in order to assure legal certainty. Thus the penal code in Israel was practically the same as that used by the British in India or in other British colonies and territories.
On 14 May 1948 a Bill of Independence was signed as a manifesto for the new State of Israel. While it was drafted as a universal and democratic declaration expressing noble ideas prevalent at the time, it is non-binding, although it has occasionally been used as a guiding tool by the courts.
With the establishment of the Israeli state, English law as it was on the date of independence remained binding, with post-1948 English law developments being persuasive and not binding. This was enabled by the first legislative act of the Provisional State Council, which enacted a reception statute as part of the "Law and Administration Ordinance" published on 19 May 1948, four days after the Declaration of Independence.[5]
Following independence the young State of Israel was eager to gain recognition in the international arena by joining international treaties and participating heavily in the negotiations of international treaties, e.g., the 1929 Warsaw convention.
During the 1960s there was a rush to codify much of the common law in areas of contracts and torts. The new laws blended common law, local case-law, and fresh ideas. In 1977 the Knesset codified the penal code. Since the 1990s the Israeli Ministry of Justice, together with leading jurists, has been laboring on a complete recodification of all laws pertaining to civil matters. This new proposed civil codex was introduced in 2006, but its adoption through legislation is expected to take many years, if not decades.
The Israeli legal system is structured around three main levels of courts, operating in a hierarchical manner: the Magistrate Courts, the District Courts, and the Supreme Court.
The Magistrate Court (Beit Mishpat Hashalom) handles civil cases of less than 2.5 million shekels, excluding disputes over the ownership of land, as well as criminal cases in which the maximum sentence is 7 years. Magistrate Courts are found in most Israeli towns. The Magistrate Court has 6 subdivisions. (1) The Juvenile Court deals with criminal offenses committed by people who were not 18 on the date of prosecution and some issues relating to the removal of children from parental custody. (2) The Family Court deals with all civil cases where the parties are close family members. (3) The Small Claims Court deals with cases of less than 30 thousand shekels. (4) "Hotsa'a Lapoal" is the bailiffs office for judgment debt collection. (5) The Traffic Court deals with all traffic offenses. (6) The Court of Local Issues deals with all offenses prosecuted by local authorities (parking tickets, planning violations etc.).
The District Court (Beit Mishpat Mehozi) serves as the court of first instance in a wide range of cases, including serious criminal offenses, civil claims for amounts exceeding 2.5 million shekels, real estate ownership disputes, and specific issues determined by law. It has jurisdiction over most administrative cases and hears appeals from the Magistrate Court. There are six courts, one in each of Israel's districts: Jerusalem (also has extra jurisdiction of extra territorial matters), Tel Aviv, Haifa, Center (in Petah Tikva), South (in Beer-Sheva), and North (in Nazareth).
The Israeli Supreme Court (Beit Mishpat Elyon) mostly hears appeals from the District Court but also sits as the High Court of Justice (Bagatz), with the authority to review petitions against state authorities, other bodies, or individuals holding public positions. It can adjudicate on any matter it deems necessary for justice, especially those outside the jurisdiction of other courts or tribunals.
The Labour Tribunals (Batei Ha'din Le'avoda) hears all cases where the parties are employer and employee, all cases against the National Insurance Institute and some other socially oriented matters. it is an independent system composed of five district tribunals (Jerusalem, Tel-Aviv, Haifa, South and North) and one national tribunal in Jerusalem (Beit Ha'din Ha'artzi).
There are also religious tribunals in Israel. Some specific legal matters in Israel (e.g., matters of personal status such as marriage and divorce) come under the jurisdiction of the religious tribunal system. There is a list of legally recognized religious communities: Jewish, Muslim, Greek Orthodox Christian, Catholic Christian etc. The small Protestant Christian community in Israel is not recognized; the Jewish community for this purpose does not include the non-Orthodox denominations, Reform and Conservative. Each religious community has its own religious court. For example, Jewish weddings are sanctioned only by the local Religious Council, and divorces of Jews are handled exclusively by the Rabbinical Courts. The judges (dayanim) of the Jewish Rabbinical Courts are all Orthodox rabbis. The Family Court holds parallel authority over matters incidental to divorce, such as property distribution and child custody, enabling both the family and rabbinical courts to address these issues, contingent on the preferences of the couple or individual involved.
The judges of the various courts are chosen by a committee comprising nine members: three Supreme Court Judges, two government ministers (one is the Minister of Justice), two members of the Knesset (one from the opposition), and two representatives of the Israel Bar Association. The composition of the committee is slightly different when it chooses Labour Court Judges or judges of the religious tribunals.
Current legislative proposals to alter the judicial system
The 2023 Israeli judicial reform is a proposed series of changes to the judicial system and the balance of powers in Israel put forward by the current Israeli government, and spearheaded by Deputy Prime Minister and Minister of JusticeYariv Levin and the Chair of the Knesset's Constitution, Law and Justice Committee, Simcha Rothman. It seeks to curb the judiciary's influence over lawmaking and public policy by limiting the Supreme Court's power to exercise judicial review, granting the government control over judicial appointments and limiting the authority of government legal advisors. If adopted, the reform would grant the Knesset the power to override Supreme Court rulings by a majority of 61 or more votes, diminish the ability of the court to conduct judicial review of legislation and of administrative action, prohibit the court from ruling on the constitutionality of basic laws, and change the makeup of the Judicial Selection Committee so that a majority of its members are appointed by the government. The legislation is currently being considered by the Knesset and the relevant committees.
On September 12, 2023, Israel's High Court of Justice (Bagatz) conducted a pivotal session to evaluate the "reasonableness clause." This session led to the annulment of a specific amendment to the Basic Law: The Judiciary. This amendment had previously stipulated that the Court was barred from assessing the reasonableness of decisions made by the government, including those by the Prime Minister and other ministers. The majority ruling granted the High Court the authority to annul Basic Laws and intervene in extreme and exceptional cases where the Knesset exceeds its foundational authority. This decision sparked wide public and political reactions, with significant implications for Israel's democratic framework and the balance of power between its branches of government.
The Israeli system of government is based on parliamentary democracy. The Prime Minister of Israel is the head of government and leader of a multi-party system. Executive power is exercised by the government. Legislative power is vested in the Knesset. The Judiciary is independent of the executive and the legislature. The political system of the State of Israel and its main principles are set out in 11 Basic Laws. Israel does not have a written constitution.
Mishpat Ivri are the aspects of halakha that are relevant to non-religious or secular law. In addition, the term refers to an academic approach to the Jewish legal tradition and a concomitant effort to apply that tradition to modern Israeli law.
A homeland for the Jewish people is an idea rooted in Jewish history, religion, and culture. The Jewish aspiration to return to Zion, generally associated with divine redemption, has suffused Jewish religious thought since the destruction of the First Temple and the Babylonian exile.
A beth din is a rabbinical court of Judaism. In ancient times, it was the building block of the legal system. Today, it is invested with legal powers in a number of religious matters both in Israel and in Jewish communities in the diaspora, where its judgments hold varying degrees of authority in matters specifically related to Jewish religious life.
The Supreme Court of Israel is the highest court in Israel. It has ultimate appellate jurisdiction over all other courts, and in some cases original jurisdiction.
Menachem Elon (Hebrew: ) was an Israeli jurist and Professor of Law specializing in Mishpat Ivri, an Orthodox rabbi, and a prolific author on traditional Jewish law (Halakha). He was the head of the Jewish Law Institute of the Hebrew University of Jerusalem.
Aharon Barak is an Israeli lawyer and jurist who served as President of the Supreme Court of Israel from 1995 to 2006. Prior to this, Barak served as a Justice of the Supreme Court of Israel from 1978 to 1995, and before this as Attorney General of Israel from 1975 to 1978.
The judicial system of Israel consists of secular courts and religious courts. The law courts constitute a separate and independent unit of Israel's Ministry of Justice. The system is headed by the President of the Supreme Court and the Minister of Justice.
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. A Supreme Court can also, in certain circumstances, act as a court of original jurisdiction, however, this is typically limited to constitutional law.
The Chief Rabbinate of Israel is recognized by law as the supreme rabbinic authority for Judaism in Israel. The Chief Rabbinate Council assists the two Chief Rabbis, who alternate in its presidency. It has legal and administrative authority to organize religious arrangements for Israel's Jews. It also responds to halakhic questions submitted by Jewish public bodies in the Diaspora. The Council sets, guides, and supervises agencies within its authority.
In Israel, marriage can be performed only under the auspices of the religious community to which couples belong, and inter-faith marriages performed within the country are not legally recognized. However, marriages performed abroad or remotely from Israel must be registered by the government. Matrimonial law is based on the millet or confessional community system which had been employed in the Ottoman Empire, including what is now Israel, was not modified during the British Mandate of the region, and remains in force in the State of Israel.
In world politics, Jewish state is a characterization of Israel as the nation-state and sovereign homeland of the Jewish people.
Moshe Landau was an Israeli judge. He served on the Supreme Court of Israel from 1953 until his retirement in 1982. Landau was the fifth President of the Supreme Court, from 1980 to 1982.
The judicial system of Syria is a synthesis of Ottoman, French, and Islamic laws. The civil, commercial and criminal codes are primarily based on the French legal practices. Promulgated in 1949, those laws have special provisions sanctioned to limit application of customary law among beduin and religious minorities. The Islamic religious courts continue to function in some parts of the country, but their jurisdiction is limited to issues of personal status, such as marriage, divorce, paternity, custody of children, and inheritance. Nonetheless, in 1955 a personal code pertaining to many aspects of personal status was developed. This law modified and modernized sharia by improving the status of women and clarifying the laws of inheritance.
The judiciary of Italy is composed of courts responsible for interpreting and applying the law in the Italian Republic. Magistracy is a public office, accessible only to Italian citizens who hold an Italian Juris Doctor and have successfully participated in the relevant competitive public examination organised by the Ministry of justice. The judicial power is independent and there is no internal hierarchy within. Italian magistrates are either judges or public prosecutors.
Aviad Hacohen is an Israeli attorney and professor of law.
"Jewish and democratic state" is the Israeli legal definition of the nature and character of the State of Israel. The "Jewish" nature was first defined within the Israeli Declaration of Independence in May 1948. The "democratic" character was first officially added in the amendment to Israel's Basic Law: The Knesset, which was passed in 1985.
The Basic Laws of Israel are fourteen quasi-constitutional laws of the State of Israel, some of which can only be changed by a supermajority vote in the Knesset. Many of these laws are based on the individual liberties that were outlined in the Israeli Declaration of Independence. The Basic Laws deal with the formation and role of the principal institutions of the state, and with the relations between the state's authorities. They also protect the country's civil rights, although some of these rights were earlier protected at common law by the Supreme Court of Israel. The Basic Law: Human Dignity and Liberty enjoys super-legal status, giving the Supreme Court the authority to disqualify any law contradicting it, as well as protection from Emergency Regulations.
Gad Frumkin was an Israeli jurist. He was one of the first trained attorneys in Palestine prior to Israeli independence and one of the few Jews who served as a judge on the Supreme Court of Mandatory Palestine.
The Rabbinical courts are part of the Israeli legal system, which operates religious courts in parallel to the civil court system. The system, inherited from the previous British mandate system, grants religious courts jurisdiction over personal status matters such as marriage and divorce. Such courts exist for the recognized religious communities in Israel, including Muslim courts, Christian courts, and Jewish Rabbinical courts. These courts adjudicate personal status according to their respective religions, Jewish law in the case of Rabbinical courts.
References
↑ ...WE DECLARE that, with effect from the moment of the termination of the Mandate being tonight, the eve of Sabbath, the 6th Iyar, 5708 (15th May, 1948), until the establishment of the elected, regular authorities of the State in accordance with the Constitution which shall be adopted by the Elected Constituent Assembly not later than the 1st October 1948
↑ Slaughter, Anne-Marie. "The Real New Order," Foreign Affairs, 76.5(14):183-97.
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