Right of Israel

from Wikipedia, the free encyclopedia
The following important information is missing from this article or section:
Essential matters of Israeli law remain untreated: private law beyond family law, criminal law, administrative law - the basics should be presented in each case - Domitius Ulpianus ( discussion ) 20:28, December 12, 2018 (CET)
Help Wikipedia by researching and pasting it .

The law of Israel describes the totality of legally enforceable social norms in Israel .

Legal history

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

When Great Britain received the League of Nations mandate for Palestine in 1922 , the law applicable there was a diverse mixture of the Ottoman Mecelle civil code , uncoded Islamic law and - especially in commercial law - French law. By means of Article 46 of the Palestine Order in Council of August 10, 1922, the mandate power determined that Ottoman law applicable on November 1, 1914 should remain in force. Include this gap, be it to add "according to the substance of the common law, and the doctrines of equity". Furthermore, the content of the English case law was adopted , which was brought into legal form as formal law only for this purpose - while in England itself the case law continued to apply as such. The case law of the English courts was also binding as a binding precedent in the mandate area. In the thirty years of the British mandate, the current law was largely Anglicized.

The establishment of the State of Israel in 1948 initially did not bring about any profound changes: The Law and Administration Ordinance 1948 allowed all applicable law to come into force unless it was changed by new legislative acts. To the present day, a large part of Israel's law in the area of ​​commercial and company law is substantive English law, even if the case law of the English courts has no longer been binding since 1972. Ottoman law is only relevant in a few areas, as the Israeli legislature has particularly reorganized contract and property law. In the long term, the current private law is to be converted into the typically continental form of a civil code. The English law is thus more and more giving way to an independent Israeli jurisprudence, which is nevertheless methodologically close to common law :

“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 common law system. This is also 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. "

- Friedmann : The Effect of Foreign Law on the Law of Israel (1975), p. 22

Constitutional law

The state of Israel does not yet have a final constitution . On June 13, 1950, the Knesset passed the Hariri Resolution , according to which a constitution in the form of individual basic laws should be established. So far, the constitution has been replaced by the declaration of independence of May 14, 1948 and by now twelve basic laws. The nine basic laws passed between 1958 and 1988 all deal with the institutions of the State of Israel. In 1992 the first two basic laws dealing with the fundamental rights of its people were passed .

Family law

Personal status issues such as marriage and divorce, maintenance, guardianship and adoption of minors fall under the jurisdiction of the jurisdiction or administration of the respective religious community according to Ottoman legal tradition. These religious courts are the rabbinical courts for the Jewish religious communities, Muslim Sharia -dishes, the religious courts of the Druze and the ecclesiastical courts of the ten recognized Christian communities in Israel. Several hundred non -religious or mixed-religious couples per year therefore have to travel abroad to get married and then have this recognized in Israel. For partners who do not belong to any religious community there is now a legal institute similar to civil marriage; Several legislative initiatives to introduce civil marriage have failed in recent years due to opposition from the Orthodox parties.

Judiciary

The judiciary in Israel, like comparable institutions in other countries, is the supervisory authority for the protection of the rule of law and individual rights. The judicial system in Israel has an important and complex position due to the incomplete constitution and the persistence of legal norms from the Ottoman period and the British mandate.

The top of the Israeli judicial system is the Jerusalem Supreme Court . It acts as an instance court and as a court of appeal in civil and criminal matters.

At the next level of the hierarchy are the six district courts in Jerusalem , Tel Aviv , Petah Tikva , Haifa , Beer Sheva and Nazareth . The district court in Haifa is also the maritime tribunal for the entire state.

The 30 municipal courts follow at the lowest level.

Since 1969 there has been an independent labor jurisdiction with courts in Jerusalem, Tel Aviv, Haifa and Be'er Scheva, appeals are heard directly by the National Labor Court in Jerusalem.

Israel has its own system of religious courts for Jews and non-Jews to rule on family law matters.

Attorney General

The Attorney General , ( Hebrew היועץ המשפטי לממשלה, Ha-Yo'etz Ha-Mishpati La-Memshala, the government's legal advisor) is a position comparable to the German attorney general . These included:

literature

introduction

  • Ariel Bin-Nun: Introduction to the Law of the State of Israel . Scientific Book Society, Darmstadt 1983, ISBN 3-534-09120-5 .
  • Keren C. DeWitt-Arar and Amos Shapira: Introduction to the Law of Israel . Kluwer International, 1995, ISBN 978-90-6544-835-4 .
  • Gabriela Shalev: Israel . In: Jan M. Smits (Ed.): Elgar Encyclopedia of Comparative Law . Edward Elgar, Cheltenham / Northampton, MA 2006, ISBN 978-1-84542-013-0 , pp. 348-351 .

Constitutional law

  • Albrecht Gundermann: The role of the Supreme Court in the development of the Israeli constitution . Nomos, Baden-Baden 2002, ISBN 3-7890-7801-8 .
  • Suzie Navot: Constitutional Law of Israel . Kluwer, 2007, ISBN 978-90-411-2651-1 .
  • Itzhak Zamir and Allen Zysblat: Public Law in Israel . Clarendon, ISBN 978-0-19-825853-7 .

International private law

Individual evidence

  1. ↑ a b c Konrad Zweigert and Hein Kötz : Introduction to Comparative Law . 3. Edition. Mohr Siebeck, Tübingen 1996, B. § 16 VII., P. 231-233 .
  2. ↑ Mechthild Herzog, Lukas Wiesenhütter: outward flight, wedding, return flight, done! faz.net, September 27, 2014, accessed September 27, 2014.
  3. ↑ Nicole Herbert: Current problems in marriage and divorce law in Israel on the Konrad-Adenauer-Stiftung website (PDF, 140 kB)
  4. ↑ Jonathan Lis, Gili Cohen: Knesset votes down bill to allow civil marriage in Israel , haaretz.com of July 28, 2011, accessed on December 31, 2014 (English).
  5. ↑ Hezki Ezra: Knesset Rejects Civil Marriage Bill , israelnationalnews.com of June 11, 2014, accessed December 31, 2014.
  6. ↑ Political System in Israel Special newsletter from the Israeli Embassy in Berlin , accessed on August 6, 2018.