Israeli law is a mixed legal system reflecting the diverse history of the territory of the State of Israel throughout the last hundred years (which was at various times prior to independence under
OttomanThe Ottoman Empire or Ottoman State , also known by its contemporaries as the Turkish Empire or Turkey , was an empire that lasted from 1299 to November 1, 1922 The Ottoman Empire or Ottoman State (Ottoman Turkish: دَوْلَتِ عَلِیَّهِ عُثْمَانِیَّه Dawlet-il ʿAliyyat-il ʿOs̠māniyye, Modern Turkish:...
, then British soverignty), as well as the legal systems of its major
religious communitiesReligion in Israel is a central feature of the country and plays a major role in shaping Israeli culture and lifestyle. Israel is the only country in the world where a majority of citizens are Jewish...
. The Israeli legal system is based in
common lawCommon law is law developed by judges through decisions of courts and similar tribunals , rather than through legislative statutes or executive action, and to corresponding legal systems that rely on precedential case law....
, which also incorporates facets of
civil lawCivil law is a legal system inspired by Roman law, the primary feature of which is that laws are written into a collection, codified, and not determined, as in common law, by judges. The principle of civil law is to provide all citizens with an accessible and written collection of the laws which...
. Like the
United KingdomThe United Kingdom of Great Britain and Northern Ireland is a sovereign state located off the northwestern coast of continental Europe. It is an island country, spanning an archipelago including Great Britain, the northeastern part of Ireland, and many small islands...
, Israel
does not have a formal ConstitutionAn uncodified or unwritten constitution is a constitution in which no single, formal document delineates the powers of a government, and the limits thereof...
, despite the assertion in the Israeli Declaration of Independence that one would be written .
Israeli law is a mixed legal system reflecting the diverse history of the territory of the State of Israel throughout the last hundred years (which was at various times prior to independence under
OttomanThe Ottoman Empire or Ottoman State , also known by its contemporaries as the Turkish Empire or Turkey , was an empire that lasted from 1299 to November 1, 1922 The Ottoman Empire or Ottoman State (Ottoman Turkish: دَوْلَتِ عَلِیَّهِ عُثْمَانِیَّه Dawlet-il ʿAliyyat-il ʿOs̠māniyye, Modern Turkish:...
, then British soverignty), as well as the legal systems of its major
religious communitiesReligion in Israel is a central feature of the country and plays a major role in shaping Israeli culture and lifestyle. Israel is the only country in the world where a majority of citizens are Jewish...
. The Israeli legal system is based in
common lawCommon law is law developed by judges through decisions of courts and similar tribunals , rather than through legislative statutes or executive action, and to corresponding legal systems that rely on precedential case law....
, which also incorporates facets of
civil lawCivil law is a legal system inspired by Roman law, the primary feature of which is that laws are written into a collection, codified, and not determined, as in common law, by judges. The principle of civil law is to provide all citizens with an accessible and written collection of the laws which...
. Like the
United KingdomThe United Kingdom of Great Britain and Northern Ireland is a sovereign state located off the northwestern coast of continental Europe. It is an island country, spanning an archipelago including Great Britain, the northeastern part of Ireland, and many small islands...
, Israel
does not have a formal ConstitutionAn uncodified or unwritten constitution is a constitution in which no single, formal document delineates the powers of a government, and the limits thereof...
, despite the assertion in the Israeli Declaration of Independence that one would be written . Statutes enacted by the
KnessetThe Knesset is the legislature of Israel, located in Givat Ram, Jerusalem.-Operation of the Knesset:...
, particularly the
Basic Laws of IsraelThe Basic Laws of Israel are a key component of Israel's constitutional law. These laws deal with the formation and role of the principal state's institutions, and the relations between the state's authorities. Some of them also protect civil rights...
(
Hebrew languageHebrew is a Semitic language of the Afro-Asiatic language family. Culturally, it is considered a Jewish language. Hebrew in its modern form is spoken by more than seven million people in Israel while Classical Hebrew has been used for prayer or study in Jewish communities around the world for over...
: חוקי היסוד, ḥŭḳḳēi ha-yyǝsōd), provide a framework which is enriched by political
precedentIn common law legal systems, a precedent or authority is a legal case establishing a principle or rule that a court or other judicial body utilizes when deciding subsequent cases with similar issues or facts.-Binding precedent:...
and
jurisprudenceJurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal philosophers, hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions. Modern jurisprudence began in the 18th century and was focused on the first...
. Foreign and historical influences on modern-day Israeli law are varied and include the
MecelleThe Mecelle code was the civil code of the Ottoman Empire in the late 19th and early 20th centuries...
(
HebrewHebrew is a Semitic language of the Afro-Asiatic language family. Culturally, it is considered a Jewish language. Hebrew in its modern form is spoken by more than seven million people in Israel while Classical Hebrew has been used for prayer or study in Jewish communities around the world for over...
: מג'לה; the civil code of the
Ottoman EmpireThe Ottoman Empire or Ottoman State , also known by its contemporaries as the Turkish Empire or Turkey , was an empire that lasted from 1299 to November 1, 1922 The Ottoman Empire or Ottoman State (Ottoman Turkish: دَوْلَتِ عَلِیَّهِ عُثْمَانِیَّه Dawlet-il ʿAliyyat-il ʿOs̠māniyye, Modern Turkish:...
) and
German civil lawThe Bürgerliches Gesetzbuch is the civil code of Germany. In development since 1881, it became effective on January 1 1900, and was considered a massive and groundbreaking project....
, religious law (Jewish
HalakhaHalakha — also transliterated Halocho and Halacha — is the collective body of Jewish religious law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions....
and Muslim
ShariaSharia is an Arabic word meaning ‘way’ or ‘path’. In Arabic, the collocation ‘Šarīʿat Allāh’ is traditionally used not only by Muslims, but also Christians and Jews, sometimes translating expressions such as Torat Elōhīm [תורת אלוהים] or ‘ho nómos toû theoû' '’...
; mostly pertaining in the area of
family lawFamily law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
), and
BritishThe United Kingdom has three legal systems. English law, which applies in England and Wales, and Northern Ireland law, which applies in Northern Ireland, are based on common-law principles. Scots law, which applies in Scotland, is a pluralistic system based on civil-law principles, with common law...
common lawCommon law is law developed by judges through decisions of courts and similar tribunals , rather than through legislative statutes or executive action, and to corresponding legal systems that rely on precedential case law....
. The Israeli courts have been influenced in recent years by
American LawThe law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
and Canadian Law and to a lesser extent by Continental Law (mostly from
GermanyGermany , officially the Federal Republic of Germany , is a country in Central Europe. It is bordered to the north by the North Sea, Denmark, and the Baltic Sea; to the east by Poland and the Czech Republic; to the south by Austria and Switzerland; and to the west by France, Luxembourg, Belgium,...
).
Historical perspective
Some aspects of Turkish Ottoman law remain until today, such as placing personal status and marriage law in the hands of the religious courts. Also the Turks adopted the Napoleonic Land Registration system, through a successive Block and Lot entries. Many Turkish land laws remain in force.
The British who were given 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 those used by the British in
IndiaIndia, officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the south, the Arabian Sea on the west, and the Bay of Bengal...
or other colonies and territories.
With the establishment of Israel in 1948, English law as it was on the date of independence remained binding, with post-1948 English law developments being persuasive and not binding.
Upon Independence, a Bill of Independence was signed as a manifesto for the new born State. While it was drafted as a universal and democratic declaration capturing noble ideas prevalent at the time, it is non binding, although has occasionally been used as a guiding tool by the courts.
Since independence, the young State of Israel was eager to gain recognition in the international arena by way of joining international treaties, and participating heavily in the negotiations of such international treaties. To the extent they were ratified and voted by the Knesset as a law, they are binding just like any other domestic law. For example, see the
Warsaw conventionThe Warsaw Convention is an international convention which regulates liability for international carriage of persons, luggage or goods performed by aircraft for reward....
.
During the 1960s, there was a rush to codify much of the Common Law in areas of contracts and torts. The new laws were a blend of Common Law, local case law, and fresh ideas. In 1977, the Knesset codified the penal code. In the past two decades, the Israeli Ministry of Justice, together with leading jurists have been laboring on a complete recodification of all laws pertaining to civil matters. This new proposed civil codex was introduced in 2004, however, its final adoption through legislation is expected to take many years, if not decades. This would further slant the Israeli legal system away from the Common Law and towards the Civil Law model. Nevertheless, important historical influences of the Common Law such as the
adversarial systemThe adversarial system of law is the system of law that relies on the contest between each advocate representing his or her party's positions and involves an impartial person or group of people, usually a jury or judge, trying to determine the truth of the case...
and continued significance accorded to
precedentIn common law legal systems, a precedent or authority is a legal case establishing a principle or rule that a court or other judicial body utilizes when deciding subsequent cases with similar issues or facts.-Binding precedent:...
will remain.
Israeli court system
The Shalom Court (
Beit Mishpat HaShalom) handles civil cases of less than 2.5 million
shekelShekel , also rendered sheqel, refers to one of many ancient units of weight and currency. The first known usage is from Mesopotamia around 3000 BC. One explanation is given for the origination of this word as to have originally applied to a specific mass of barley, and the first syllable of the...
s, but not disputes over the ownership of land and criminal cases in which the maximum sentence is 7 years or more. Shalom Courts are to be found in most Israeli towns. The Shalom 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 bailiff's 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) eals with all civil and criminal matters not under the jurisdiction of the Shalom Court including disputes over the ownership of land. This court also has jurisdiction over most administrative cases. This court also hears appeals from the Shalom Court. There are 6 District Courts:
JerusalemJerusalem is the capital of Israel and its largest city in both population and area, with a population of 747,600 residents over an area of if disputed East Jerusalem is included...
(also has extra jurisdiction of extra territorial matters),
Tel AvivTel Aviv-Yafo , usually called Tel Aviv, is the second largest city in Israel, with an estimated population of 391,300. The city is situated on the Israeli Mediterranean coastline, with a land area of...
, Central (in Petah Tiqwa), Beer-Sheva,
HaifaHaifa is the largest city in northern Israel, and the third-largest city in the country, with a population of over 264,900. Haifa has a mixed population of Jews and Arabs giving an example for peaceful co-existence. The Arab population used to be predominantly Christian, while some of the Jewish...
and
NazarethNazareth is the capital and largest city in the North District of Israel. Known as "the Arab capital of Israel," the population is made up predominantly of Palestinian Arab citizens of Israel...
.
The Israeli Supreme Court (
Beit Mishpat Elyon) mostly hears appeals from the District Court but also sits as the High Court of Justice and as such hears administrative cases not under the jurisdiction of the District Courts. Many political cases and cases of international interest are heard by the Supreme Court sitting as the High Court of Justice.
The Labour Court (
Beit Mishpat Le'avoda) hears all cases where the parties are employer and employee, all cases against the National Insurance Institute and some other socially orientated matters.
There are also religious tribunals in Israel. Some specific legal matters in Israel come under the jurisdiction of the religious tribunal system. There is a list of legally recognized religious communities: Jewish,
Muslim:A Muslim , , is an adherent of the religion of Islam. The feminine form is Muslimah . Literally, the word means "one who submits ". Muslim is the participle of the same verb of which Islam is the infinitive. Muslims believe that there is only one God, translated in Arabic as Allah...
, Greek Orthodox Christian, Catholic Christian etc. (Notably the small protestant community in Israel is not recognized and the Jewish community 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. (Matters incidental to divorce, distribution of property, child custody etc. are dealt with in the Family Courts but the personal law of the parties will be applied.)
The judges of the various courts are chosen by a committee compromised of 9 members: 3 Supreme Court Judges, 2 government ministers (one is the Minister of Justice), 2 members of the Knesset (one from the opposition), and 2 representatives of the Israel Bar. The composition of the committee is slightly different when it chooses Labour Court Judges or judges of the religious tribunals.
See also
- Legal systems of the world
The three major legal systems of the world today consist of civil law, common law and religious law. However, each country often develops variations on each system or incorporates many other features into the system.-Civil law:...
- Basic laws of Israel
The Basic Laws of Israel are a key component of Israel's constitutional law. These laws deal with the formation and role of the principal state's institutions, and the relations between the state's authorities. Some of them also protect civil rights...
- Land and Property laws in Israel
Land and Property laws in Israel refers to the legal framework governing land and property issues in Israel. Following its establishment, Israel designed a system of law that legitimized both a continuation and a consolidation of the nationalisation of land and property, a process that it had begun...
- Prevention of Infiltration Law
The Prevention of Infiltration Law is an Israeli law enacted in 1954. After the 1948 Palestinian exodus many Palestinian refugees living in neighbouring Arab countries tried to cross the border with Israel for different reasons...
External links