Tue, February 14, 2012 Shvat 21, 5772
Israel's Supreme Court (in Hebrew, Beit Hamishpat Ha'elyon) is the highest of the courts in Israel. The court itself sits in Jerusalem, while its jurisdiction reaches across the entire state.
Supreme Court Justices, as well as all other judges in Israel, are appointed by the president, based recommendations from the Judges' Nominations Committee. The Nominations Committee is composed of nine members: three Supreme Court Justices, (including the President of the Court), two cabinet ministers (including the justice minister), two Knesset members and two representatives of the Israel Bar Association. The sitting justice minister chairs the committee.
Normally there are 12 Justices sitting on the Supreme Court bench. As of March 2010, however, there are 14 Supreme Court Justices in Israel, led by Supreme Court Chief Justice Dorit Beinisch. A judge's term ends when he or she reaches the age of 70, chooses to resign, passes away, is appointed to another position, or is removed from office.
The Supreme Court functions as both an appellate court and as the High Court of Justice. As an appellate court, the Supreme Court considers both civil and criminal cases due to appeal on judgments and other decisions made by District Courts. It also considers appeals on quasi-judicial matters, for example, the legality of a given Knesset election and disciplinary rulings of the Bar Association.
As the High Court of Justice (in Hebrew, Beit Hamishpat gavo'ah l'tzedek or "Bagatz"), the Supreme Court rules mainly on matters pertaining to the legality of decisions made by the state's authorities.
The Supreme Court holds a wide range of discretionary authority to rule on issues in which it considers it necessary to grant relief in the interests of justice, and that are not within the jurisdiction of another court or judiciary body. As a result of the Court's power of intervention, it often clashes with the Knesset. In the Israeli system, which does not have a constitution to institutionalize a system of checks and balances between the legislative, executive and judiciary branches, the Supreme Court and Knesset often vie for control over legislation.
Members of Knesset have occasionally accused the Supreme Court of over-involvement in the legislative process - sometimes to the point of influencing Israeli policy, namely visa-vi the Palestinians - while Supreme Court justices have countered by saying that the Court must act as a watchdog for Israel's democratic values.
Supreme Court orders government to evacuate Migron outpost by March 31, saying it was built on privately owned Palestinian land.
by Chaim Levinson and The Associated Press 10 comments
Jerusalem judge apparently did not try to ascertain whether Lawrence Seth Wayne, who had been sentenced by a Florida court to 19 years in prison for a 1998 hit-and-run, is actually religious.
by Tomer Zarchin 36 comments
Alternative settlement will take too long to approve, if it can be approved at all, experts say.
by Chaim Levinson 46 comments
Grunis' path to the Presidency was fraught by political controversy, with opposition parties criticizing the so-called 'Grunis law' geared at ensuring the veteran's judge selection to the lofty post.
by Tomer Zarchin 4 comments
An impressive response was given this week by three Supreme Court justices when they overturned a verdict issued by someone who will be soon be joining their ranks, Jerusalem District Court Judge Noam Sohlberg.
by Haaretz 4 commentsThe citizenship law episode is over, and the cabinet will soon be asked to discuss a bill that puts forth a comprehensive immigration arrangement. Has the time come to take demography out of the closet?
by Yoram Rabin 0 commentsLong before the Citizenship Law, the rope was no more than a broken reed of support for the protection of human rights in Israel.
by Gideon Levy 36 comments
Experience has shown that even short terms have been worthwhile, and that what guarantees the independence of the court's justices is the principle of seniority: The custom that the longest-serving justice is appointed president.
Haaretz Editorial 0 comments
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