Review Of Israel Judicial Review

Israel, located at the Middle East, is the only state which is mainly consisted ofJewish. The state is founded in1948. It has established its own constitutional systemwhich is based on English parliamentary sovereignty. Judicial review began exercisedin1992in Israel, which gives experiences to the state with parliamentary sovereigntywho tends to exercise American-style judicial review.Chapter1introduces Israel constitutional system as a whole. This chapter firstfocuses on the unwritten style of Israel constitution and its questions. Following this,it introduces the content and validity of the Basic Laws which act as the unwrittenconstitution in Israel, especially the Basic Laws which enacted before1992. Last partof this chapter talks about the Knesset. What role does Knesset play in Israel? Knessetinherits English traditional parliamentary sovereignty and develops its owncharacteristics which plays an important role in Israel judicial review.Chapter2focuses on the establishment and content of Israel judicial review.Long before the enactments of two Basic Laws about human rights in1992, exercisesof judicial review already took place in Israel. But until1992, with the enactments oftwo Basic Laws, the foundation process of Israel judicial review has begun. This partshows the importance of those two Basic Laws and how those laws act as the basis ofjudicial review. Israel supreme court declared that it had the power of judicial review,and finally set up Israel judicial review. Chapter3talks about the factors impacting the foundation and subsequentdevelopment of Israel judicial review. Besides the impact of two Basic Laws enactedin1992and the judgment of United Mizrahi Bank Ltd. v Migdal AgriculturalCooperative, other factors also have a fundamental effect on judicial review. Otherfactors include constitution law in United States, Charter of Rights and Freedoms andjudicial activism of Israel supreme court. Despite judicial review setting up in Israel,it faces with many obstacles during developing. What caused this situation and howcan we evaluate it?In the conclusion, I try to put an abstract comment on the develop process ofjudicial review in Israel. In light of incomplete parliamentary sovereignty, Israeldevelops its own judicial review. Although the develop process is not successful, it isstill an excellent attempt which may bring out surprise.