Israeli law

The right of Israel is the sum judicially enforceable social norms in Israel.

Legal History

Has the right of Israel today has its origins in three different legal traditions: the law of the Ottoman period, the laws of the British Mandate in the form of the common law and the positive law of the Israeli legislature since 1948.

When Britain In 1922, the League of Nations Mandate for Palestine, the law in force there was a diverse mix of Mecelle, unkodifiziertem Islamic law - particularly in commercial law - French law. By Article 46 of the Palestine Order in Council of August 10, 1922 given the mandate power that the current to November 1, 1914 Ottoman law should remain in force. Withhold this gap, it is "according to the substance of the common law, and the doctrines of equity" supplement. Furthermore, we imported English case law, which was brought for this purpose only in the form of laws - while continuing in England was even the case law. The jurisdiction of the English court was as binding precedent in the Mandate of binding. In the thirty years of the British Mandate, it came so to a substantial Anglicization of the applicable law.

The establishment of Israel in 1948 did not initially profound changes: the Law and Administration Ordinance 1948 left all applicable laws in force in so far it has not been changed by new legislative acts. Up to the present, therefore, is a big part of the right of Israel in the area of ​​commercial and corporate law substantive English law, although since 1972 the jurisdiction of the English court is no longer binding. The Ottoman law is relevant only in a few areas since the Israeli legislature has especially ordered the contract and property law new. In the long term the private legislation will be converted into the form of a typical continental civil code. English law thus gives way to more and more of an independent Israeli jurisprudence, yet the common law stands close methodically:

" Israeli case -law remains typical of 'that' in countries Following the common law tradition. The manner of discussion, the mode of reasoning and the general approach are all characteristic of the commmon law System. This is so true of the attitude of judges, jurists and attorneys to precedents, to the role of the courts and to Their contribution to the development of law. "

Constitutional Law

Administrative divisions

Organisation of justice

The tip of the Israeli court system is the Supreme Court, based in Jerusalem; it acts as an instance court and as a court of appeal in civil and criminal matters. Act of the Legislature, however, are deprived of his access. At the next level of the hierarchy followed by the six District Courts in Jerusalem, Tel Aviv, Petah Tikva, Haifa, Beersheba and Nazareth; the court in Haifa is next Tribunal for the entire State of Israel. At the lowest level, the thirty magistrates' courts to follow. Since 1969 there is a separate labor courts with courts in Jerusalem, Tel Aviv, Haifa and Beersheba, appeals will be heard directly by the National Labour Court in Jerusalem.

Israel has its own system of religious courts for Jews and non-Jews.

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