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Israeli Legal System in Asia

Israel (official name: State of Israel), is situated on the south-eastern shore of the Mediterranean Sea (Middle East). The legal system of Israel is really mixed (Civil law + Common law + Jewish law + Muslim law).It is, therefore, an hybrid legal system of English common law, British Mandate regulations, and Jewish, Christian, and Muslim religious laws

Legal Research in Israel: a Guide for Lawyers

In a globalized world, lawyers outside Israel may come into contact with Israeli law, Israeli lawyers or Israeli clients, and the last would be better served when their lawyers have an understanding of the essential characteristics and aspects of the Israeli legal system. Likewise, in researching Israeli law, it is important for non-Israeli lawyers not to limit their inquiry to their country sources. In addition, instead of looking for precedents, in Israel lawyers browse first the provisions of the corresponding legislation for an appropriate legal principle applied to the case or Israeli law problem.

Any serious legal issue involving Israel must require consultation with a lawyer trained and licensed in Israel. International materials and resources, like this Encyclopedia, however, may provide some familiarity with the basic concepts of the Israeli law, a solid starting point and new perspectives and solutions that are not apparent, sometimes, from within a non-Israeli legal tradition. Their study may help the non-Israeli lawyer to determine the general nature of a problem, and can facilitate a better understanding with the Israeli colleague who may be called in to assist.

Where to Start

General Information about Israel and their Legal Tradition

Israel and their People

Read about Israel and their People here.

Historical Background of Israel

Overview of the history of Israel.

Legal Education

Offering a summary of the legal education, including law schools , in Israel.

Development of Israeli Law

Report on the development of the law in Israel.

Structures of Israeli Law

It offers a description of the structures of the law in Israel.

Sources of the Israeli Law

Summary of the sources of Law in Israel.

Historical Background

More about the history of the Israeli law here.

Enacted Law in Israel

Read more about the legislation in Israel.

• The Israeli Constitution

Learn more about the Constitution of Israel.

• Israel Codes and Statutes

Survey of Israeli Codes and Statutes.

• Israel Statutory Decrees

Outline of the Israel Statutory Decrees.

• Israel Regulations

Scope of the Regulations enacted in Israel.

• Israel By-Laws

Observation about the By-Laws in existence in Israel.

Customary Law

Learn more about the customary law of Israel.

Case Law as a Source of Law

Analysis of the Case Law in Israel.

Precedents in Israel

Evaluation of the role of Precedents in the Israeli legal system.

Doctrine in Israel

Review of the legal Doctrine in Israel.

International sources of law

See more about the international sources of law in Israel and Asia, including International Treaties.

The Israeli Government System

Study of the Government system in existence in Israel.

Israeli Constitutional Structure

Overview of the Constitutional Structure in Israel.

Historical Background

Read more about the history of the Government System of the country.

General Characteristics of the Constitution

Constitution of Israel: the main features.

Human Rights in Israel

Scope of the Civil and Human rights in the country.

Legislative Branch

The legislative branch proposes laws. Find a description of the Legislative Power in Israel here.

Structure of the Israeli Legislative Branch

Observation of the structure of the legislative power in Israel.

Functions and Powers

See more about the role of the legislative power in Israel here.

Legislative Process

Read how the Israeli legislative procedures work here.

Supervision of the Executive

Learn how the legislative branch supervises the executive branch.

Executive Branch

The executive power proposes laws. Read more.

Head of State in Israel

The head of state of Israel is the formal head of the executive, legislature and judiciary of Israel.

Head of Government in Israel

The head of government in Israel is the Prime Minister of Israel, the political leader of the government of Israel.

Israeli Council of Ministers

See information about the Cabinet Ministers of Israel here.

Israeli Local Governments

Review of the local government powers in Israel. See the definition of local rule here.

Local Organizations of Central Administration

The central administration consists of a number of ministries and other organizations, including local ones. Various departments, offices and divisions are established in each ministry in Israel. See the definition of centralization here.

Israeli Municipalities

Outlook of the cities, towns, villages and other communities, including municipal courts (when applicable), and their legal authority in Israel.

Judiciary Branch

The judiciary power interprets and applies laws. Find here a review of the Judicial System in Israel.

Main Features of the Judiciary

Read the most important characteristics of the Judiciary system in Israel here.

Israel Judicial Structure

Report of the Court Organization and Jurisdiction in Israel.
The Courts in Israel may be divided into:

• High Courts

Description of the functioning of high courts in Israel.

• Lower Courts

Summary of the roles of courts of lesser rank.

Sentencing

Information about rules that influence sentencing in Israel.

Participants in the Administration of Justice

Survey about the players in the Administration of Justice in Israel and other countries.

Judges

Information about the impartial administration of justice, the independence and status of the judiciary and other issues related to Judges in Israel.

Public Prosecutors

The role of those government officials who represent, in Israel, legal authorities (often prosecuting criminal actions in Israel and Asia).

The practice of law

More about the practice of law in Israel and Asia.

The legal professions

Outline of the legal professions in Israel and Asia.

Practitioners (Lawyers and others)

Learn about the legal role of practitioners, specially lawyers.

Notary-Public in Israel

Overview about Public Notaries practising in Israel.

Court reporter – Clerks

Overview of Court reporters and Clerks in Israeli and Asian courthouses.

Civil Law Procedure

Outlook of the main features of the Israeli civil process, including:

Pretrial Proceedings in Israel

Information about what pretrial proceedings consist of.

The Trial in Israel

Review of the judicial examinations in civil or criminal actions in Israel.

Civil Litigation

Overview of the steps of litigation in Israel, the litigator’s role and the types of civil litigation in the country here.

Evidence

Evidence law outline in Israel.

The Judgment

Outlook of the tribunal decisions in Israel. For Judgments which are of significance as legal precedents on points of law in Israel, see precedents.

The Effect of the Judgment

Overview of effects and recognition of a valid judgment delivered by a court of competent jurisdiction in Israel.

Legal Remedies in Israel

Enforcement of a legal right ordered by the court. See also the Judicial Relief definition.

Appeals – Judicial Review

Description of the Appeals process and the Judicial Review process of challenging the lawfulness of decisions in Israel.

Criminal Law Procedure

Observation of the Criminal Process.

The Investigation of Crime

Scope of the investigation of crimes:

• Preparatory Investigation.
• Preliminiary Investigation.
• Final Investigation(Trial).

The Prosecution of Crime

Crime Prosecution.

Criminal Trials in Israel

Laws and rules of the administration of justice when a person has been accused of a crime.

Appeals – Judicial Review

When a party files an appeal, asking to review the case:

• Criminal Appeals in Israel.
• Legal Review.

Alternative Dispute Resolution in Israel

Method of resolving disputes out-of-court (ADR).

Private Law

Family Law in Israel

Guide to Marriage Law, Succession Law and other Family Law topics in Israel.

Contract Law in Israel

Contracts Law outline in Israel.

Tort Law in Israel

Regulating claims by civil wrongs that result in an injury or harm.

Property Law in Israel

Real property and Personal property law in Israel.

Copyright and Industrial Property

Survey of industrial and intellectual property laws in Israel.

Foreign Trade

Regulation of Foreign Trade in Israel and Asia.

Business Law in Israel

Besides commercial law and the law of corporations and other entities, this guide provides comprehensive information about:

• Business Law in General in Israel.
• Law Governing Conduct of Business.
• Laws on Foreign Capital and Investment in Israel, including incentives.
• Regulation of companies, corporations and other business organizations in Israel.
• Private International Conflict of Laws in Israel and Asia.

Criminal Law in Israel

Penal law involves prosecution for a crime in Israel and Asia. Find out more.

Family Law in Israel

Family legal issues including:

• Divorce and separation
• Child protection, custody, support and access
• Adoptions
• Property Division

Public Law

More about Public Law here.

Administrative Law

Report of the branches of the Administrative law, including Environmental law.

Administrative Processes

Administrative Processing in Israel and Asia.

Taxation

Taxation in Israel explained.

Labor Law

Overview of the labor law and social security in Israel.

Asia Legal Systems

• The Constitutional Systems and Traditions of Asia.
• Asian history and cultural development.
• Reception of transplanted legal systems in Israel and Asia.
• English Glossary and Dictionary of Selected Legal Terms of Israel

Further Resources

History of the Israeli Legal System

The Israeli legal tradition has been shaped by many different influences, domestic as well as foreign. More than one different legal system has coexisted in Israel at various points in the long country history. The Portal of Israeli law provides introductory entries about the background and history of the law of the country.

Israel Law Portal

The Israel Law Portal provides an introductory overview of the history of legal development in Israel, major legal concepts, the structure of Israeli government, the Israeli judicial and court system, and peculiar characteristic of the response of the Israeli legal system to development in Israel.

The Israel Portal presents the main areas of its legal system and the wider aspects of how law is made and reformed. The entries of the Israel Law Portal include consideration of the primary features of the Israeli legal system, including the Israeli legal history, Israeli judicial structure and operation, the Israeli Constitution and the legislative and administrative structure and process. The contents of the Israel Portal also include discussion of Israeli legal actors (including Israeli lawyers), legal education, judges and other participants in the Israeli legal landscape.

The Portal introduces legal professionals, students and the general reader to terms and concepts necessary for understanding the Israeli legal system, the jurisdiction, organization and authority of courts in Israel, and the Israeli judicial interpretation and decision-making. The substantive areas of law such as public law, torts and product liability, property (including intellectual property rights and copyright infringements), and family law are also covered. The Portal also treats the law governing the main business legal topics: contracts, business regulation, companies and taxation. It also examines the civil, criminal and administrative processes, the procedural rights, main court opinions and the various modes of alternative dispute resolution available in Israel.

Useful to the reader of the Encyclopedia as a reference, the Portal provides a table of cases, indices provides even greater detail, a glossary of selected legal terms and many entries provide bibliographies for further reading.

Comparative Law and Legal Systems in Asia

One of the goals of the comparative law is to wrap up the similarities and differences among countries, including Israel. the different legal traditions in Asia and could be able thereby better to understand the Israeli law. to the reception of legal systems in Israel and other countries of Asia, with special reference to the reception of foreign law (specially English law and Islamic law) by these countries.

The Asian Encyclopedia of Law provides a survey of the legal systems of almost all the Asian jurisdictions. Being the Encyclopedia a work in progress, the length of the entries may vary considerably. Each country section includes a description of their major subject areas of law, notes on the main compilations (or official codifications), a detailed listing of legislation covering specific topics and resources for enacted laws and judicial decisions (including references to further online sources).

Conclusion about the Legal System of Israel

A good comprehension of the Israeli legal system requires knowledge and skill in a number of disciplines. The Israeli system itself is the result of developments in law, economy, politics, sociological change and the theories which feed all these bodies of knowledge. The law or Israel may be relevant in a foreign jurisdiction court proceeding involving international transactions. The Knowledge of the Israeli traditions and its legal institutions allows a good understanding of the Israeli law, its institutions and processes and sets the Israeli law and system in a social context.

This guide introduces some of the main procedural and substantive Israeli principles, with a more detailed treatment of resources in the major subject areas of the Israeli law, with access to primary materials.

The general reader and students may learn some basic legal concepts and principles of the Israeli law, to explain how the Israeli legal system operates, and to provide a sense of how the systems within Israel have evolved historically in Israel from its origins.

A globally focused guide like this site, including the legal concepts and principles of Asia, cannot
avoid taking many culture-specific elements into account.

About the Author

Salvador Trinxet Llorca is a law writer, professor and lawyer specialized in comparative and international law.

See Also

• Legal Systems
• Comparative Law Contents
• Hindu Law in General
• Chinese Law in General
• Common Law Systems
• Code Law Systems
• Socialist Legal Systems
• English Law System
• English Common Law
• Rules
• International Customary Law
• Islamic Law
• Legal pluralism
• Rule of law
• Adversarial System
• Inquisitorial Legal System
• Legal Pluralism
• Legal Positivism

References and Further Reading

• Comparative law in a global context: the legal systems of Asia and Africa, Werner Menski
• Asian legal systems: law, society, and pluralism in East Asia, Poh-Ling Tan
• Philanthropy and law in Asia: a comparative study of the nonprofit legal systems in ten Asia Pacific societies, Thomas Silk
• Law and legal institutions of Asia: traditions, adaptations and innovations, E Ann Black; Gary F Bell
• Law, capitalism and power in Asia: the rule of law and legal institutions, Kanishka Jayasuriya
• Asia-Pacific legal development, Douglas M Johnston and Gerry A Ferguson
• Modern legal systems cyclopedia, Kenneth R Redden and William Emerson Brock
• Constitutionalism in Asia: Asian views of the American influence, Lawrence Ward Beer
• The judicialization of politics in Asia, Björn Dressel
• East Asian Law: Universal Norms and Local Cultures
• Law, Capitalism and Power in Asia: The Rule of Law and Legal Institutions
• Doing Business in Asia (updated regularly)
• Copyright Law and the Information Society in Asia
• Insolvency Law in East Asia
• Intellectual Property Law in Asia
• A Legal Guide to Doing Business in the Asia-Pacific

Journals

• Asia-Pacific Development Journal
• Asia-Pacific Journal on Human Rights and the Law
• Asian Law Journal
• Australian Journal of Asian Law
• Columbia Journal of Asian Law