Reception and Rejection of English Law in Israel

Abstract

THIS paper deals with the position of English law in the legal system of Israel and with the trends discernible in that country with regard to the introduction, adaptation and replacement of English law. The case of Israel is not an isolated one. Among the countries which have, in one way or another, been under British domination and to which English law has come in various ways and to a varying extent, there are several which have become or are about to become independent States. The subject should therefore be treated with comparative references to the position of English law in countries like the United States-being the first in time and importance among those countries-India, Ghana, Malaya or Cyprus. But it suffices to mention the names of these countries-chosen at random-in order to see that the historical, cultural, social and political background is so different in each of these cases as to exclude any comparative treatment of the subject within the framework of a short lecture. This paper will, accordingly, be confined to the law of Israel. After the First World War, Palestine was carved out of the Ottoman Empire and was entrusted by the League of Nations to Great Britain as a mandated territory. In 1922 there was enacted the Palestine Order in Council which served as a sort of Constitution for the country. Article 46 of that enactment enjoined the civil courts to exercise their jurisdiction: " in conformity with the Ottoman Law in force in Palestine on 1st November, 1914. .. and such Orders in Council, Ordinances and Regulations as are in force in Palestine at the date of this Order, or may hereafter be applied or enacted; and subject thereto and so far as the same shall not extend or apply ... in conformity with the substance of the common law and the doctrines of equity in force in England.. . ." l * Lecturer in Law, The Hebrew University, Jerusalem. ThU article was originally given as a lecture st the British Institute of International and Comparative Law on

Fuzzy Legality and National Styles of Regulation: Government Intervention in the Israel Downstream Oil Market

“…A national culture of institutional continuity contributed as well. The new state had provided for continuance of Mandatory law (e.g., Rubinstein: 61-82;Yadin 1962). Recent literature goes further and points at the pervading influence of the Mandatory system in various legal fields (Shachar 1995;Likhovsky 1995Likhovsky , 1998.…”

Economic Development, Legality and the Transplant Effect

“…Sources: Baum and Takahashi (2000); Castles (1982); David (1985); Glendon, Gordon, and Osakwe (1994); Hahm (1996); Hooker (1978); Hooker (1988); (Knapp (1972) (various country reports); Katz (1986); Means (1980);Merryman, Clark, and Haley (1994); Mommsen and Moor (1992); Oda (1999); Pistor and Wellons (1999); Wang (1997)Yadin (1962; Zweigert and Kötz (1998). 2: French, German, Scandinavian, transplant effect in (9.1) and (9.2); 3: same for (9.1); only French + German in (9.2); 4: same for (9.2); German, Scandinavian, transplant effect in (9.1); 5: same for (9.2); German + Scandinavian, transplant effect in (9.1);…”