|
|
|||||||||||||||||||
|
|||||||||||||||||||
| The
Supreme Court |
|||||||||||||||||||
| See: Courts Law [Consolidated Version], 5744-1984, Sections 25-32. | |||||||||||||||||||
| . | |||||||||||||||||||
Its
status: The Supreme Court
is at the head of the |
|||||||||||||||||||
| court system in the State. It is the highest judicial instance. The Supreme Court sits in Jerusalem. The area of its jurisdiction is the entire State. A ruling of the Supreme Court is binding upon every court, other than the Supreme Court itself. This is the principle of binding precedent (stare decisis) obtaining in Israel. | |||||||||||||||||||
| . | |||||||||||||||||||
Judges:
The number of Supreme Court justices is |
|||||||||||||||||||
| determined by a resolution of the Knesset. Usually, twelve justices serve in the Supreme Court. At the present time there are fourteen Supreme Court justices. At the head of the Supreme Court and at the head of the judicial system as a whole stands the President of the Supreme Court, and at his side, the Deputy President. | |||||||||||||||||||
| . | |||||||||||||||||||
Powers:
The Supreme Court is an appellate court, |
|||||||||||||||||||
| as well as the High Court of Justice. | |||||||||||||||||||
| . | |||||||||||||||||||
As
an appellate court,
the Supreme Court |
|||||||||||||||||||
| considers cases on appeal (both criminal and civil) on judgments and other decisions of the District Courts. It also considers appeals on judicial and quasi-judicial decisions of various kinds, such as matters relating to the legality of Knesset elections, disciplinary rulings of the Bar Association, prisoners’ petitions and administrative detention. | |||||||||||||||||||
| . | |||||||||||||||||||
As
the High Court of Justice, the Supreme Court |
|||||||||||||||||||
| rules as a court of first instance, primarily in matters regarding the legality of decisions of State authorities: Government decisions, those of local authorities and other bodies and persons performing public functions under the law. It rules on matters in which it considers it necessary to grant relief in the interests of justice, and which are not within the jurisdiction of another court or tribunal. | |||||||||||||||||||
| . | |||||||||||||||||||
Further
Hearing: The Supreme Court
can also sit |
|||||||||||||||||||
| at a “further hearing” on its own judgment. In a matter on which the Supreme Court has ruled - whether as a court of appeals or as the High Court of Justice - with a panel of three or more justices, it may rule at a further hearing with a panel of a larger number of justices. A decision to hold a further hearing is made whenever the Supreme Court makes a ruling inconsistent with a previous ruling or, where the importance, difficulty or novelty of a ruling made by the Supreme Court justifies such a further hearing. | |||||||||||||||||||
| . | |||||||||||||||||||
Retrial:
A special power, unique to the Supreme
|
|||||||||||||||||||
| Court, is the power to order a “retrial” on a criminal matter, in which a final judgment has been given. A ruling to hold a retrial is made in the following circumstances: where the Court finds that evidence provided in the case was founded upon lies or was forged; where new facts or evidence are discovered that are likely to alter the decision in the case in favour of the accused; where someone else has meanwhile been convicted of carrying out the offence and it appears from the circumstances revealed in the trial of that other person that the original party convicted of the offence did not commit it; or, where there is a genuine concern that a miscarriage of justice has been done as a result of the conviction of the accused, all as prescribed by the law. In practise, a ruling to hold a retrial is made very rarely. | |||||||||||||||||||
| . | |||||||||||||||||||
Composition:
The Supreme Court, both as an |
|||||||||||||||||||
| appellate court and the High Court of Justice, is normally constituted of a panel of three justices. One Supreme Court justice alone may rule on interim orders, temporary orders or petitions for an order nisi, and on appeals on interim rulings of District Courts, or on judgments given by a single District Court judge on appeal, and on a judgment or decision of the Magistrates’ Courts. The Supreme Court sits as a panel of five justices or more in a ‘further hearing’ on a matter in which the Supreme Court sat with a panel of three justices. The Supreme Court may sit as a panel of a larger uneven number of justices than three in matters that involve fundamental legal questions and constitutional issues of particular importance. | |||||||||||||||||||
| . | |||||||||||||||||||
Presiding
Judge: In a case in which
the President |
|||||||||||||||||||
| of the Supreme Court sits, the President is the Presiding Judge; in a case in which the Deputy President sits and the President does not sit, the Deputy President is the Presiding Judge; in any other case, the Judge with the greatest length of service is the Presiding Judge. The length of service, for this purpose, is calculated from the date of the appointment of the Judge to the Supreme Court. | |||||||||||||||||||