Chapter One: Basic Provisions
|Judicial power|| 1. (a) Judicial power is vested in the following courts**: |
(1) the Supreme Court;In this Law, "judge" means a judge of a court as aforesaid.
(b) Judicial power is vested also in the following:
(1) a religious court (beit din);(c) No court or court (beit din) shall be established for a particular case.
|Independence|| 2. A person vested with judicial power shall not, in judicial matters, be subject to any authority but that of the Law. |
|Publicity of proceedings|| 3. A court shall sit in public unless otherwise provided by Law or unless the court otherwise directs under Law. |
Chapter Two: Judges
|Appointment of judges|| 4. (a) A judge shall be appointed by the President of the State upon election by a Judges' Election Committee. |
(b) The Committee shall consist of nine members, namely, the President of the Supreme Court, two other judges of the Supreme Court elected by the body of judges thereof, the Minister of Justice and another Minister designated by the Government, two members of the Knesset elected by the Knesset and two representatives of the Chamber of Advocates elected by the National Council of the Chamber. The Minister of Justice shall be the chairman of the Committee.
(c) The Committee may act even if the number of its members has decreased, so long as it is not less than seven.
|Nationality|| 5. Only an Israeli national shall be appointed judge. |
|Declaration of allegiance|| 6. A person appointed judge shall make a declaration of allegiance before the President of the State. The declaration shall be as follows: |
"I pledge myself to be in allegiance to the State of Israel and to its laws, to dispense justice fairly, not to pervert the law and to show no favour.".
|Period of tenure|| 7. The tenure of a judge shall begin upon his declaration of allegiance and shall end only - |
(1) upon his retirement on pension; or
|Retired judge|| 8. A judge who has retired on pension may be appointed to the position of a judge for such time, in such manner and on such conditions as may be prescribed by Law. |
|Restriction on re-posting|| 9. (a) A judge shall not be permanently transferred from the locality where he is serving to a court in another locality save with the consent of the President of the Supreme Court or pursuant to a decision of the Court of Discipline. |
(b) A judge shall not without his consent be appointed to an acting position at a lower court.
|Salary and benefits|| 10. (a) The salaries of judges and other payments to be made to them during or after their period of tenure or to their survivors after their death shall be prescribed by Law or by a decision of the Knesset or of a Knesset committee empowered by the Knesset in that behalf. |
(b) No decision shall be passed reducing the salaries of judges only.
|Judge not to engage in additional occupation, etc.|| 11. A judge shall not engage in an additional occupation, and shall not carry out any public function save with the consent of the President of the Supreme Court and the Minister of Justice. |
|Criminal proceedings|| 12. (a) No criminal investigation shall be opened against a judge save with the consent of the Attorney-General, and no information shall be filed against a judge save by the Attorney-General. |
(b) A criminal charge against a judge shall not be tried save before a District Court consisting of three judges unless the judge has consented that the charge be tried in the ordinary manner.
(c) The provisions of this section shall not apply to categories of offences designated by Law.
|Disciplinary proceedings|| 13. (a) A judge shall be subject to the jurisdiction of a Court of Discipline. |
(b) A Court of Discipline shall consist of judges and judges retired on pension appointed by the President of the Supreme Court.
(c) Provisions as to the grounds for instituting disciplinary proceedings, the modes of filing complaints, the composition of the bench, the powers of the Court of Discipline and the disciplinary measures it shall be authorised to impose shall be prescribed by Law. The rules of procedure shall be in accordance with Law.
|Suspension|| 14. Where a complaint or information is filed against a judge, the President of the Supreme Court may suspend him from office for such period as he may prescribe. |
Chapter Three: The Courts
|Supreme Court|| 15. (a) The seat of the Supreme Court is Jerusalem. |
(b) The Supreme Court shall hear appeals against judgments and other decisions of the District Courts.
(c) The Supreme Court shall sit also as a High Court of Justice. When so sitting, it shall hear matters in which it deems it necessary to grant relief for the sake of justice and which are not within the jurisdiction of another court (beit mishpat or beit din).
(d) Without prejudice to the generality of the provisions of subsection (c), the Supreme Court sitting as a High Court of Justice shall be competent -
(1) to make orders for the release of persons unlawfully detained or imprisoned.(e) Other powers of the Supreme Court shall be prescribed by Law.
|Other courts|| 16. The establishment, powers, places of sitting and areas of jurisdiction of the District Courts, the Magistrates' Courts and other courts shall be in accordance with Law. |
|Appeal|| 17. A judgment of a court of first instance, other than a judgment of the Supreme Court, shall be appealable as of right. |
|Further hearing|| 18. In a matter adjudged by the Supreme Court by a bench of three, a further hearing may be held by a bench of five on such grounds and in such manner as shall be prescribed by Law. |
|Retrial|| 19. In a criminal matter adjudged finally, a retrial may be held on such grounds and in such manner as shall be prescribed by Law. |
|Established rule|| 20. (a) A rule laid down by a court shall guide any lower court. |
(b) A rule laid down by the Supreme Court shall bind any court other than the Supreme Court.
|Registrar|| 21. A court may have a registrar, who may or may not be a judge. |
Chapter Four: Miscellaneous Provisions
|Law not to be affected by emergency regulations|| 22. This Law cannot be varied, suspended, or made subject to conditions by emergency regulations. |
|Provisions to be prescribed by Law|| 23. Provisions as to the following matters shall be prescribed by Law: |
(1) the manner of electing, and duration of the tenure of, the members of the Judges' Election Committee;
|Provisions to be prescribed under Law|| 24. Provisions as to the following matters shall be prescribed under Law: |
(1) rules as to the administration of the courts, the making thereof and responsibility for their implementing;
President of the State
* Passed by the Knesset on the 25th Adar Alef, 5744 (28th February, 1984) and published in Sefer Ha-Chukkim No. II 10 of the 4th Adar Bet, 5744 (8th March, 1984), p. 78; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 1348 of 5748, p. 237.
Sources: The Knesset