Правове регулювання діяльності судів у Державі Ізраїль

The State of Israel serves as an example of the successful implementation of leading European and foreign practices in the development of state institutions. Influenced by a continuous ideological movement that united representatives of the Jewish people on a land that had been under the rule of various countries for centuries, Israel’s state leaders were able to seize the geopolitical moment following the end of World War II and a convergence of geopolitical factors to declare the independence of the Israeli state. On the very day of its establishment, the newly formed country faced an unprecedented threat from a coalition of Arab states, which suffered defeat during the First War of Independence. Without delving into the details of Israel’s early years of struggle for its right to exist, it is important to note that the country inherited a strong legal foundation from the periods of Ottoman and British rule. Over time, Israel developed a unique judicial system characterized by its distinct features. This study focuses on the analysis of the current legislation governing the judicial system of the State of Israel. Several key factors that have influenced the formation of the modern judiciary and its role within the system of checks and balances are highlighted. These factors enable the country, which has been in a constant state of conflict with neighboring states since its independence, to maintain high standards of judicial independence, professional competence, and impartiality. Firstly, the absence of a written constitution has led to decades of ongoing confrontation between the executive and judicial branches of government, ultimately resulting in the establishment of a judiciary that effectively serves as a mechanism of control over both the executive and legislative branches. Secondly, the professional judicial corps was formed from individuals originating from Eastern and Western Europe as well as the United States, all of whom had received proper legal education. Thirdly, the influence of the common law doctrine, introduced during the period of the British Mandate in Palestine, played a crucial role in shaping not only the legal framework of the newly independent state but also its judicial system. Fourthly, despite significant legislative changes in the regulation of the judiciary following the events of 2023 and attempts to limit its independence, the Supreme Court of Israel, for the first time in its history, ruled that the judicial reform law was unconstitutional and contrary to the fundamental legal principles of the state.