Sunday, November 20, 2005

Israel's Judicial System

I spent yesterday evening listening to a judge in the Israeli court system explain the judicial system of Israel,
and was astonished to find out that ALL the judges are appointed by a committee, patterned after the United
States process, yet politics is strictly forbidden in the selection process, AND judges are NOT to impose
their personal policy preferences as they shape the law.

In Israel, there is no written constitution, so the judiciary has taken Turkish law, English Common Law,
and the European law (as well as US and Biblical law) and melded them all together into a living breathing
constitution, that is just not written down. Right now lobbyists are trying to get the Parliament to write a
constitution, but I don't know if it will happen any time soon.

As far as the lack of personal policy preferences in the Judiciary branch, one would think that in a
country without a written constitution there would be even more personal judicial policy pushed upon the
people than somewhere where, say, there is a written constitution that the judges are only supposed to
uphold and not change to meet their own personal or political needs.

On a side note, Israel also recognizes all other religions and have special tribunals to decide
conflicts within each faith.

No comments: