The judiciary in Israel, like comparable institutions in other countries, is the supervisory body for the protection of the rule of law and individual rights. However, the absence of a written constitution or constitution and the continuing validity of British mandate provisions and the extensive power of the legislature give Israel's judiciary a much more important and complex position.
The Israeli court system is divided into two main types: the general civil or regular courts are located next to special courts or other entities with juridical power. The difference between the two types of judicial institutions is, inter alia, the extent of their jurisdiction: while the case-law of the ordinary courts is general, the other courts have a limited jurisdiction over the persons and / or facts within their jurisdiction.
Israel is a single territory with a single system of general courts.
The judiciary establishes three levels of justice: the supreme court is at the top, subordinate to district and municipal courts. The latter two are trial courts, while the Supreme Court is an appeals court, which also functions as a Supreme Court. There is no jury justice in Israel.
Courts In the Israeli court system, the magistrates' courts are the basic authority for litigation and legal proceedings. They decide in criminal law cases in which the accused is charged with an offense that can be punished with a sentence of up to seven years imprisonment. In civil cases, the magistrate's courts are responsible for complaints of up to one million shekels (about 200,000 euros). The Municipal Courts are also responsible for matters of real estate ownership and use. They also work as transport, local and family courts and make the decisions in minor cases.
In principle, a single judge decides in each trial, unless the president of the magistrate's court orders a hearing before a chamber of three judges. There are 29 municipal courts in Israel.
The district courts form the middle tier of the Israeli judiciary. You are responsible for all matters that are outside the sole jurisdiction of another court. The district courts negotiate in criminal proceedings, in which a sentence of more than seven years imprisonment is scheduled. In civil cases, their jurisdiction extends to cases where more than one million shekels (about € 200,000) are being negotiated. In addition, district courts are responsible for corporate and partner issues, arbitration, petitions of prisoners and tax appeals.
Basically, a procedure before a district court is conducted by a single district judge. A Chamber of Three Judges will be appointed to deal with appeals against magistrate judgments, if the defendant is charged with a criminal offense of ten or more years, or if the President or Vice-President of the District Court so decrees he let. There are five district courts in Israel.
The supreme court
The Supreme Court hears appeals against judgments of the district courts in criminal and civil cases. In cases initially heard before a district court, appeals may be appealed to the supreme court by law. Other matters can only be submitted to the latter with the approval of the highest court. Appeals against Knesset elections, disciplinary proceedings by the Israeli Bar Association, and administrative injunctions, as well as submission of detainees to county court decisions, fall into the special jurisdiction of the Supreme Court.
The number of judges in the Supreme Court is determined by a decision of the Knesset. There are currently fourteen judges in the Supreme Court. According to the convention, the most senior judge acts as court president (chief judge). The next in service years, the judge acts as vice-president. The President of the Supreme Court is the highest court judge in the Israeli judiciary.
The Supreme Court generally acts as a chamber of three judges. President or Vice-President may increase the number of judges attending a trial to any unequal number. In addition, each chamber can decide on its own extension. In addition, the court may order a "further hearing", in which case a panel of five or more judges will hear a case that has already been decided by a smaller Chamber of the Supreme Court.
The Supreme Court
The Supreme Court also functions as the Supreme Court (בית הדין הגבוה לצדק בג"צ Beit ha-din ha-gavoa le-Tzedek / "BAGATZ"), and thus as the highest appellate body ever, a feature unique to Israeli law The Supreme Court is entitled to judicial review of decisions of other governmental powers and has powers "in those matters that are outside the jurisdiction of another court or another judicial institution and in which, in the interest of justice, the court considers it necessary to remedy the situation ".
In its function as the highest appellate court, the supreme court decides on one thousand petitions a year. Often these are inputs of the highest relevance that challenge the behavior and actions of high-level governmental forces. Due to its jurisdiction as the highest court of appeal, the Supreme Court plays an important role in preserving the rule of law and the protection of human rights.