THE STATE: The Law of the Land

Upon attaining independence (1948), Israel passed the Law and Administration Ordinance, stipulating that laws prevailing in the country prior to statehood would remain in force insofar as they did not contradict the principles embodied in the Proclamation of the Establishment of the State of Israel or would not conflict with laws to be enacted by the Knesset. Thus the legal system includes remnants of Ottoman law (in force until 1917), British Mandate laws, which incorporate a large body of English common law, elements of Jewish religious law, and some aspects of other systems.

However, the prevailing characteristic of the legal system is the large corpus of independent statutory and case law which has been evolving since 1948. Following the establishment of the state, the Knesset was empowered to enact a series of Basic Laws, relating to all aspects of life, which will eventually be brought together to form a constitution. Many Basic Laws have been passed, outlining the fundamental features of government such as the President, the Knesset, the Government, the Judiciary, the Israel Defense Forces, the State Comptroller, Freedom of Occupation and Human Dignity and Liberty (which addresses violation of a person’s life, body or dignity).

• The Knesset (1958)
• State Lands (1960)
• The President (1964)
• The Government (1968/2001)
• The State Economy (1975)
• Israel Defense Forces (1976)
• Jerusalem (1980)
• The Judiciary (1984)
• The State Comptroller (1988)
• Human Dignity and Liberty (1992)
• Freedom of Occupation (1992)

The normative superiority of Basic Laws over ordinary legislation was confirmed in1995, when the Supreme Court assumed the power of judicial review of Knesset legislation violating a Basic Law.

Over the years, a body of case law has developed through Supreme Court rulings which protect civil liberties, including freedom of speech, freedom of assembly, freedom of religion, and equality as fundamental values of Israel's legal system.

In its capacity as the High Court of Justice, the Supreme Court also hears petitions brought by individuals appealing for redress against any government body or agent.​

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The government's legal service is headed by the attorneygeneral, who holds exclusive power to represent the state in all major criminal, civil, and administrative matters. The government is bound to abstain from any action which, in the opinion of the attorney-general, is unlawful, as long as the courts do not rule otherwise.

Although appointed by the government, the attorney-general functions independently of the political system.