ABSTRACT
This chapter presents and analyzes Israel’s legal system. The chapter starts with a historic review of the development of Israel’s legal system since the establishment of the State of Israel, focusing on the 1950 decision to enact a series of “Basic Laws,” in an ongoing process instead of enacting a full constitution. The chapter then moves to examine the development of Israel’s legal system in the shadow of this decision, and the lack of the existence of a full constitution. It examines the normative framework that applies in Israel, the court system and the relationship between the courts, in particular, the Supreme Court and the other branches of government.
The chapter then moves to examine the main existing controversies regarding the legal system in Israel. These include issues such as judicial activism, the authority of the Court to invalidate legislation, the role and authority of guardians such as the state comptroller and the attorney general and the dispute regarding the authority to nominate judges. Finally, the chapter examines the normative framework that applies in the occupied territories, and the authority and role of the Israeli justice system in these territories.
