Israeli Supreme Court

Israeli Supreme Court is the highest court in the State of Israel, composed of 15 judges who are appointed by the President of Israel with the approval of the Knesset. The court is located in Jerusalem and has the final say on matters of Israeli law, including the interpretation of the Basic Laws of Israel. The court's decisions are guided by the principles of Zionism, Democracy, and the protection of Human rights in Israel, as enshrined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. The court's judges have included notable figures such as Moshe Landau, Menachem Elon, and Dorit Beinisch, who have played a significant role in shaping the country's Constitutional law and Administrative law.

● History

The Israeli Supreme Court was established in 1948, following the declaration of independence by David Ben-Gurion, the first Prime Minister of Israel. The court's first president was Moshe Smoira, who served from 1948 to 1954 and played a key role in establishing the court's jurisdiction and procedures, including the development of Israeli tort law and Israeli contract law. The court has since been headed by notable judges such as Shimon Agranat, Joel Sussman, and Aharon Barak, who have contributed to the development of Israeli jurisprudence and the interpretation of the Basic Laws of Israel, including the Basic Law: Human Dignity and Liberty and the Basic Law: Freedom of Occupation. The court has also been influenced by the decisions of other courts, such as the United States Supreme Court and the European Court of Human Rights, and has engaged in Judicial dialogue with these courts on matters such as International human rights law and Comparative law.

● Composition and Jurisdiction

The Israeli Supreme Court is composed of 15 judges, who are appointed by the President of Israel with the approval of the Knesset Committee on the Judiciary. The court's judges are chosen from among the most experienced and respected members of the Israeli Bar Association, including former judges of the District Court of Israel and the Magistrate's Court of Israel. The court has jurisdiction over a wide range of matters, including Constitutional law, Administrative law, and Criminal law, as well as Private law and Public law. The court also has the power to hear appeals from lower courts, including the District Court of Israel and the Magistrate's Court of Israel, and to review the decisions of government agencies, such as the Ministry of Justice (Israel) and the Ministry of Defense (Israel). The court's jurisdiction is guided by the principles of Rule of law and the protection of Human rights in Israel, as enshrined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

● Powers and Procedures

The Israeli Supreme Court has a wide range of powers, including the power to declare laws and government actions Unconstitutional, as well as the power to order the government to take specific actions, such as the Evacuation of Israeli settlements from the Gaza Strip in 2005. The court also has the power to hear Petitions for certiorari and to grant Stay of proceedings in certain cases, such as the Trial of Adolf Eichmann in 1961. The court's procedures are guided by the principles of Due process and the protection of Human rights in Israel, as enshrined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. The court's decisions are also guided by the principles of Stare decisis and the Rule of law, and are subject to review by the Knesset and the Government of Israel.

● Landmark Decisions

The Israeli Supreme Court has handed down several landmark decisions, including the Kaadan decision in 2000, which held that the State of Israel could not discriminate against Arab citizens of Israel in the allocation of land, and the United Mizrahi Bank case in 2007, which held that the Bank of Israel had the power to regulate the activities of Banks in Israel. The court has also handed down significant decisions on matters such as Torture and Human rights, including the Torture case in 1999, which held that the use of Torture by the Shin Bet was Unlawful. The court's decisions have been influenced by the decisions of other courts, such as the United States Supreme Court and the European Court of Human Rights, and have contributed to the development of Israeli jurisprudence and the interpretation of the Basic Laws of Israel.

● Criticisms and Controversies

The Israeli Supreme Court has faced several criticisms and controversies over the years, including allegations of Judicial activism and Overreach, as well as criticism of the court's handling of cases related to the Israeli-Palestinian conflict, such as the Gaza flotilla raid in 2010. The court has also faced criticism from Right-wing and Left-wing groups in Israel, who have accused the court of being too Liberal or too Conservative, respectively. The court's decisions have been subject to review by the Knesset and the Government of Israel, and have been influenced by the decisions of other courts, such as the United States Supreme Court and the European Court of Human Rights.

● Relationship with

the Government The Israeli Supreme Court has a complex relationship with the Government of Israel, which has been the subject of controversy and debate over the years. The court has been accused of being too Independent and of Overreaching its authority, while others have praised the court for its role in protecting Human rights and the Rule of law in Israel. The court's relationship with the government is guided by the principles of Separation of powers and the protection of Human rights in Israel, as enshrined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. The court has also engaged in Judicial dialogue with other branches of government, including the Knesset and the Executive branch of the Government of Israel, on matters such as Constitutional law and Administrative law.

Category:National supreme courts