ABSTRACT
Israel’s Declaration of Independence of May 14, 1948 stated expressly that the new state’s permanent and elected governmental organs would be established under a constitution to be determined by an elected constituent assembly. The Supreme Court of Israel fulfils two main functions: it serves as the final court of appeal in both criminal and civil actions and it serves as a High Court of Justice. Precedents of the Supreme Court sitting as a High Court of Justice have created over the years a wide range of principles and rules which bind public bodies acting under law in the exercise of their governmental powers. The Supreme Court will interfere in the use of administrative discretion if, inter alia, it can be shown that the discretion was wielded in a discriminatory fashion. The principle has been granted legal status both in decisions of the Supreme Court and in legislative acts.
