1. Introduction
a. History and background
The modern state of Israel is a small country at the crossroads
of Europe, Asia and Africa that maintains important political and
economic ties with North America. The legal system is based on
Anglo-American traditions. Israel has been independent since 1948.
The official capital is Jerusalem. The country’s Jewish population
is currently 5.5 million, while the Arab population totals 1.5
million.
Israel leads the Middle East region in gross domestic product,
per capita income, high-tech industry, technology transfer and
telecommunications.
The currency is the New Israeli shekel (NIS).
b. Legal system
The history of Israeli law reflects the history of the country
in modern times. Under Ottoman rule from 1516-1917, the law applied
was a mixture of Muslim and continental law. During the years
1917-1948, the country was ruled by the British under a League of
Nations mandate. The British were reluctant to make sweeping
changes to the legal system of a territory that was not a true
British colony. Nonetheless, through the King’s Order in Council of
1922, the English legal system was made available to the
country.
Since 1948, Israel has enacted its own laws. The influence of
English law can still be felt. Most of Ottoman law has been
abandoned. While legal developments in England and the US are
followed and regarded with deference, Israeli courts are not bound
by them and have begun creating their own precedents and doctrines,
constituting an independent Israeli ‘common law’. Today, the bulk
of Israeli law is legislation passed by the Knesset
(Parliament). Noteworthy, however, is that personal status is
governed according to religious law. All Jews are subject to the
personal law of the Jewish religion, while Muslims and Christians
are subject to the laws of their religions respectively.
The highest judicial body is the Supreme Court. While Israel
does not have a formal written constitution, 11 Basic Laws serve
this purpose.
Lyat Eyal TEP
Alon Kaplan Law Firm, Tel-Aviv,
Israel
Leon Harris TEP
Harris Consulting & Fiduciary
Specialists, Tel Aviv, Israel
Alon Kaplan TEP
Alon Kaplan Law Firm, Tel Aviv,
Israel
Meir Linzen TEP
Herzog, Fox, Neeman, Tel Aviv, Israel
Dr Zvi Tamir TEP
Zvi Tamir & Co, Tel Aviv, Israel