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Israeli law is based mostly on a common law legal system, though it also reflects the diverse history of the territory of the State of Israel throughout the last hundred years (which was at various times prior to independence under Ottoman, then British sovereignty), as well as the legal systems of its major religious communities. The Israeli legal system is based in common law, which also incorporates facets of civil law. Israel does not have a formal Constitution, despite the assertion in the Israeli Declaration of Independence that one would be written.〔...''WE DECLARE that, with effect from the moment of the termination of the Mandate being tonight, the eve of Sabbath, the 6th Iyar, 5708 (15th May, 1948), until the establishment of the elected, regular authorities of the State in accordance with the Constitution which shall be adopted by the Elected Constituent Assembly not later than the 1st October 1948''〕 Statutes enacted by the Knesset, particularly the Basic Laws of Israel (Hebrew language: חוקי היסוד, ḥŭḳḳēi ha-yyǝsōd), provide a framework which is enriched by political precedent and jurisprudence. Foreign and historical influences on modern-day Israeli law are varied and include the Mecelle (Hebrew: מג'לה; the civil code of the Ottoman Empire) and German civil law, religious law (Jewish Halakha and Muslim Sharia; mostly pertaining in the area of family law), and British common law. The Israeli courts have been influenced in recent years by American Law and Canadian Law〔Slaughter, Anne-Marie. "The Real New Order," ''Foreign Affairs'', 76.5(14):183-97.〕 and to a lesser extent by Continental Law (mostly from Germany).〔(Features - A Guide to the Israeli Legal System | LLRX.com )〕 ==History== Some aspects of Turkish Ottoman law remain until today, such as placing personal status and marriage law in the hands of the religious courts. Also the Turks adopted the Napoleonic Land Registration system, through a successive Block and Lot entries. Many Turkish land laws remain in force. Britain, which was given a League of Nations mandate to govern Palestine, implemented the Common Law system, except for the jury system. Legal precedents in torts and contracts were borrowed from England, and certain legal areas were codified in order to assure legal certainty. Thus the Penal Code in Israel was practically the same as those used by the British in India or other colonies and territories. Upon Independence, a Bill of Independence was signed as a manifesto for the new State. While it was drafted as a universal and democratic declaration capturing noble ideas prevalent at the time, it is non-binding, although has occasionally been used as a guiding tool by the courts. With the establishment of the state, English law as it was on the date of independence remained binding, with post-1948 English law developments being persuasive and not binding. This was enabled by the first legislative act of the Provisional State Council, which enacted a reception statute as part of the "Law and Administration Ordinance" published on 19 May 1948, four days following the Declaration of Independence.〔''(Law and Administration Ordinance )'', 1948 – No. 1, ''Section 11''〕 Since independence the young State of Israel was eager to gain recognition in the international arena by joining international treaties, and participating heavily in the negotiations of international treaties, e.g., the Warsaw convention. During the 1960s there was a rush to codify much of the Common Law in areas of contracts and torts. The new laws were a blend of Common Law, local case law, and fresh ideas. In 1977 the Knesset codified the penal code. Since the 1990s the Israeli Ministry of Justice, together with leading jurists, has been laboring on a complete recodification of all laws pertaining to civil matters. This new proposed civil codex was introduced in 2006, however, its adoption through legislation is expected to take many years, if not decades. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Israeli law」の詳細全文を読む スポンサード リンク
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