Law of Israel

Law of Israel
Name	Israel (legal system)
Caption	Emblem and flag associated with the State of Israel
Established	1948
Legal system	Mixed legal system: common law, civil law, religious law
Courts	Supreme Court of Israel, District Courts, Magistrate's Courts, Military Courts (Israel)
Legislation	Knesset
Constitution	Uncodified; Basic Laws of Israel

Law of Israel The law of Israel is a hybrid legal system combining elements from Ottoman Empire, British Mandate for Palestine, Jewish law, Islamic law, and modern European Union-influenced statutes, shaped by national institutions such as the Knesset, Supreme Court of Israel, and executive offices like the Prime Minister of Israel and President of Israel. Its legal development has been influenced by events and entities including the Balfour Declaration, the United Nations General Assembly Resolution 181, the 1948 Arab–Israeli War, the Six-Day War, and ongoing interaction with international bodies such as the United Nations Security Council, the International Court of Justice, and the European Court of Human Rights through comparative jurisprudence.

History

Israeli law emerges from layers: laws enacted during the Ottoman Empire period, ordinances of the British Mandate for Palestine, and statutes adopted after the Declaration of the Establishment of the State of Israel in 1948 by the first Provisional State Council and later the Knesset. Important formative moments include the incorporation of the Palestine Orders-in-Council, the influence of jurists trained in Hebrew University of Jerusalem and Tel Aviv University, and landmark judicial decisions by the Supreme Court of Israel that interpreted authority during crises like the Yom Kippur War and legal responses following the Oslo Accords. The evolution continued through legislative responses to security events such as Operation Protective Edge and judicial review in cases involving entities like the Shin Bet and the Israel Defense Forces.

Sources of Law

Primary sources include statutes enacted by the Knesset, Basic Laws, regulations issued by ministries such as the Ministry of Justice (Israel), precedent from the Supreme Court of Israel, and religious adjudication by rabbinical courts like the Rabbinical courts (Israel) and sharia courts including the Sharia courts of Israel for personal status matters. Historical sources retain force: the Ottoman Land Code (1858), the Palestine Order-in-Council 1922, and common law principles introduced during the British Mandate for Palestine. International law influences domestic decisions through treaties ratified by Israel and rulings referencing the International Criminal Court, Geneva Conventions, and opinions of the International Court of Justice.

Constitutional Framework and Basic Laws

Israel lacks a single written constitution; instead, the Basic Laws of Israel function as constitutional statutes enacted by the Knesset and interpreted by the Supreme Court of Israel. Key Basic Laws include Basic Law: Human Dignity and Liberty, Basic Law: Freedom of Occupation, and Basic Law: The Judiciary, which define separation of powers and rights protection. Constitutional controversies have arisen involving actors such as the Attorney General of Israel, the Knesset Legal Adviser, and political parties like Likud and Labor Party (Israel), and during events like the 2005 Israeli disengagement from Gaza and debates over the Nation-State Law (Basic Law: Israel as the Nation-State of the Jewish People).

Judicial System and Courts

The judiciary comprises the Supreme Court of Israel (which also sits as the High Court of Justice), District Courts (Israel), Magistrate's Court (Israel), specialized tribunals such as the Labor Court of Israel, Family Courts (Israel), and military tribunals including Military Courts (Israel). The Selection Committee for Judges and the President of the Supreme Court play roles in judicial appointments; prominent jurists include former justices like Aharon Barak and Menachem Elon. The Court interacts with administrative agencies such as the Ministry of Justice (Israel) and oversight bodies like the State Comptroller of Israel and adjudicates cases involving parties like Palestinian Authority entities and nongovernmental organizations including B'Tselem and Human Rights Watch.

Criminal Law and Procedure

Substantive criminal law is codified in statutes including the Penal Law, 1977 and specialized legislation such as the Terrorism (Prevention) Law; procedures are regulated by instruments like the Criminal Procedure Law (Israel) 1982. Law enforcement agencies include the Israel Police and the Shin Bet. High-profile prosecutions have involved figures such as Ariel Sharon and legal instruments like the State Prosecution (Israel). Issues of detention, evidence, administrative detention under laws relating to national security, and military justice intersect with rulings by the Supreme Court of Israel and oversight by the Knesset Foreign Affairs and Defense Committee.

Civil Law and Commercial Law

Civil litigation and commercial regulation draw on statutory codes, precedents, and comparative law from jurisdictions such as England and Wales and Germany. Key instruments include the Contracts Law (General Part), the Companies Law (Israel), and the Land Law (Israel), while financial regulation involves the Bank of Israel and securities oversight by the Israel Securities Authority. Commercial disputes reach the Tel Aviv District Court and the Supreme Court of Israel; sectors such as technology firms like Check Point Software Technologies and multinational corporations operating in Haifa and Tel Aviv have shaped corporate jurisprudence. Property disputes often engage historical instruments like the Ottoman Land Code (1858) and institutions such as the Custodian of Absentees' Property.

Legal Profession and Legal Reform

The legal profession is regulated by the Israel Bar Association; legal education is provided by institutions including Hebrew University of Jerusalem, Tel Aviv University, Bar-Ilan University, and Ben-Gurion University of the Negev. Reforms have been driven by commissions such as the Lippman Commission and public debates involving actors like the Minister of Justice (Israel), the Attorney General of Israel, and civil society groups including Adalah and Association for Civil Rights in Israel. Contemporary reform controversies encompass judicial appointment procedures, proposed changes to Basic Laws, and harmonization with international standards advocated by organizations including the American Bar Association and academic centers like the Israeli Democracy Institute.

Category:Law by country