Student Organizations: Israeli Law Research Society
Academic Courses in Israel
Introduction to Israel's Legal System
General
The State of Israel is a parliamentary democracy. A single general election is held every four years and results in the constitution of a coalition government headed by the Prime Minister, usually the head of the political party that won most seats in the 120 Member Knesset (Parliament), who was able to establish a coalition government.
Unlike the Prime Minister, the President of the State has mainly ceremonial status as the head of state and is elected by the Knesset for a seven year term which cannot be extended.
Mixed System
The legal system incorporates elements from both common law and civil law, initially deriving from the pre State Ottoman Empire era as later changed by British Mandatory government legislation and English principles of common law and equity, and then replaced by new independent Knesset legislation and decisions of the Supreme Court.
Hierarchy of Law
Israel does not have one single-document written constitution. Eleven Basic Laws intended to be incorporated into a future constitution have been passed. According to judicial interpretation, two of them, Basic Law: Human Dignity and Freedom and Basic Law: Freedom of Occupation, enjoy a higher normative status. Except for these two Basic laws, legislation passed by the Knesset holds the highest normative status. While the Knesset (Parliament) passes laws, the executive branch, composed of government ministers, is authorized to pass subsidiary legislation (regulations) to implement primary legislation.
Courts
The Israeli judiciary enjoys wide judicial discretion and judicial power to create case law. According to the principle of stare decisis as practiced in Israel, a rule laid down by a court will guide any lower court, and the Supreme Court is not bound by its own decisions.
The Israeli court system is composed of a general court system and a number of specialized courts. The independence of the judiciary is guaranteed under Basic Law: Judicature.
For more information, please contact Ilan Shahar via email: ishahar@luc.edu
Loyola Law School does not sponsor any of the above.
