The
Executive Branch
consists of a Cabinet of Minister headed by the Prime Minister, who is
the Chief Executive. These individuals oversee security matters as well as foreign
and internal affairs. The cabinet members are usually from different
political parties who are represented in the Knesset (in order to form a
coalition government). This is due to the fact that no single party has ever
had enough seats to entirely control the Knesset, which exercises the
power to approve the cabinet members. These ministers are proposed by the Prime Minister
45 days after his or her election. The number of ministers in a cabinet
cannot exceed 18 and cannot be less than 8, including the Prime
Minister. There are
additional guidelines appropriated to the cabinet as well. One half
of the ministers must be members of the Knesset, and all members must be
eligible to serve in the Knesset. Each minister is
allotted the responsibility to run a specific ministry or they may be
appointed to lead a special project.
Prime Minister Ariel Sharon with US Senate
a House of Representatives, Washington D.C, 4/12/05.*
The Prime Minister and Israeli cabinet
members serve for a period of four years. However, the Knesset may
exercise the power to
replace the government with a vote of no confidence. Along with the
Prime Minister and the Cabinet, there is a President who serves as
the Head of State. The President's main role is to be a figurehead for the
government, as the individual cannot exercise any real authority or say in policy
matters.
There are five
current divisions
within the Israeli Judiciary Branch:
-
The Supreme Court
-
The District Courts of Law
-
The Magistrates Courts
-
The National Labor Courts
-
The Religious Courts
The Supreme Court
The Supreme Court is the
highest appellate court in Israel, as well as the High Court of Justice. It
is composed of twelve judges who are appointed by the President of the State,
who serves just under the Prime Minister. The judges can serve until they
reach seventy years of age, the mandatory age of retirement. The judges are
then left with three options: to resign, to be appointed to another
position, or to be removed from office. At the top of the court sits
the President of the Supreme Court, who also serves as the president of
the entire Israeli judicial system. Next to him or her sits the Deputy
President.
Israel's Supreme Court**
Current Supreme Court Justices:
-
Justice Dorit Beinisch - President
-
Justice Eliezer Rivlin -
Deputy President
-
Justice Edmond E. Levy
-
Justice Salim Joubran
-
Justice Ayala Procaccia
-
Justice Edna Arbel
-
Justice Asher Dan Grunis
-
Justice Esther Hayut
-
Justice Elyakim Rubinstein
-
Justice Miriam Naor
-
Justice Yigal Mersel -
Registrar
-
Justice Shoshana Leibovic -
Registrar
The Supreme Court
has the jurisdiction to hear upon appeal both criminal and civil rulings made by
the lower District Courts. It also has special jurisdiction to hear on matters
such as the legality and legitimacy of Knesset elections as well as disciplinary
rulings made by the Bar Association. As the High Court of Justice, the Supreme Court has
the authority to implement systems of judicial review over the laws enacted by
the Knesset as well as the actions by the other branches of government. It also has
the power to intervene "in matters in which it considers it necessary to grant
relief in the interests of justice and which are not within the jurisdiction of
any other court or tribunal."* The two main functions of the High Court of
Justice are to uphold the rule of law and to strengthen human rights.
The District Courts of Law
There
are Five District Courts in Israel. They are located in Jerusalem, Tel Aviv,
Haifa, Beersheva, and Nazareth. They act as midlevel courts that hear appeals
made from rulings by the Magistrate courts. They also handle cases in which the
convicted faces seven or more years in prison, and when there are matters
concerning one million shekels or more.
The Magistrate Courts
These are the lowest level courts
in Israel. There are twenty nine of them in the country. They deal with cases
in which the potential imprisonment time is seven years or less and in civil
matters concerning up to one million shekels. They also serve as traffic courts, municipal
courts and family courts.
The Labor Courts
These courts were established by the Knesset in 1969. The Labor Courts are
divided into two branches: the Regional Courts and the
National court. The Regional Courts serve as procedural courts which hold trials
while the National Court functions as an appellate court. These courts hear
matters concerning negotiations between workers’ unions. They also rule on
disputes involving general or specific labor agreements.
Religious Courts
The Israeli Religious Courts are unique
among modern legal systems. They extend their roots back to the Ottoman Empire
and were retained by the British during their rule. The Judges are elected by
members of the Knesset and are under the jurisdiction of the Prime Ministers
Office. They have basic Jurisdiction over the Kashrut or dietary matters, the
Sabbath, Jewish burial and marital issues (including divorce and conversion to
Judaism, usually dealing with foreign immigrants). They also regulate child
custody matters, alimony and inheritance. However, the newly formed family courts
have provided citizens to settle issues of alimony and child custody outside the
religious laws. There also non-Jewish religious courts, mainly Christian and
Muslim courts, that serve outside of the jurisdiction of the Jewish Courts. The
judges of these religious courts are also appointed by the Knesset.
(From left:
President Dalia Itzik, Outgoing Supreme Court President Aharon Barak,
Incoming Supreme Court President Dorit Beinisch, and Minister of
Justice, Mr. Meir Sheetrit), 9/14/06.***