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Constitutional law in Israel

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The founders of modern Israel dreamed of an independent democracy. The State of Israel did not entirely divorce itself from the traditional Jewish law. It follows a basic political concept of the secular state and a legal system created by man for man. There are practical difficulties in applying the law in Israel, because of the presence of two different overlapping systems: the right of state and positive traditional religious law, which have become a source of conflict of jurisdictions and tensions in public life. In the constitutional law, a series of laws called "fundamental law" was enacted on the objectives and competencies to the national level, which may merge into a written constitution some day. Thus, Israeli constitutional law establishes a parliamentary democracy, enshrined in free elections.

In the context of arbitrary tyrannical regimes of the Middle East, Israel stands by the stability of its institutions. It is marked by a rule of law and held by the will of the people. It adopted a modern legal system, accepting the European civil codes, or consolidations of European inspiration and thus has largely moved away from tradition, although some Ottoman law remained in force, inspired by Mejelle. Thus, it is not going to say that compared to Western democracies, deficiencies and imbalances are present in the political structure of the state. The State of Israel attaches a fundamental role formulated by the Law of Return 1950, which should be mentioned: it is the legislative expression of the idea of history in relation to the rebirth of the Jewish state. The law guarantees every Jew in the world has an inalienable right to return to their ancestral homeland. The Declaration of Independence on May 14, 1948 included the right to return to the list of objectives of the state.

Tags: Jewish law, European civil codes, overlapping systems, fundamental law

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