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The Judiciary and
the Normative
System
The Judiciary in Israel is based essentially on three levels of courts: The Magistrates
Courts, the District Courts (including the Economic Division) and the Supreme Court.
Alongside the general court system there are also special courts such as the Family
Courts, Administrative Affairs Courts, the Labor Courts, the Maritime Court and more.
The normative system in Israel consists of the Basic Laws which stand at the top of
the pyramid, ordinary laws which are enacted by the Knesset, and secondary legislation
(regulations and decrees) the vast majority of which are prescribed by government
ministers. Moreover, the Israeli judicial system is based extensively on case law of the
various courts. Rulings by the Supreme Court constitute binding precedents for all the
lower courts; however, the Supreme Court has the authority to change its precedents.
Rulings of the District Courts have guiding power vis-à-vis the courts lower than them,
but they are not bound by their rulings.
Conducting Legal Proceedings in Israel
The obvious challenge of legal proceedings in Israel is time. Like many others, the
Judiciary is overloaded and legal proceedings can take a few years. One notable trait
of the Israeli courts is a striking preference for substance over procedure. This stance
is reflected, for example, in the preference for clarifying claims on their merits and not
dismissing them on procedural arguments. Critics argue that it creates uncertainty
while supporters say it leads to a fairer outcome. Another advantage of conducting
proceedings in Israel is the professionalism of the judges across various legal disciplines
– including the establishment of the Economic Division which will be discussed below.
The Schematic Structure of Court Proceedings
There are many stages in court proceedings but all start with the filing of a statement
of claim. Legal proceedings begin in the Magistrates or District Court, depending on the
level of monetary claim, with the latter hearing claims of more than NIS2.5 million. After
the filing of pleadings, the parties may conduct preliminary proceedings – including
discovery of documents – after which the court orders the filing of the evidence-in-
chief in writing. Then, proceedings are set for cross-examination before a judge, who, in
Moreover, the Israeli judicial system is based extensively on case law of the
various courts. Rulings by the Supreme Court constitute binding precedents for
all the lower courts; however, the Supreme Court has the authority to change
its precedents.