对于以色列法律制度以及司法部门的深思.doc

SOME REFLECTIONS ON THE ISRAELI LEGAL SYSTEM AND ITS JUDICIARY
Aharon BarakPresident of the Supreme Court of Israel. This lecture was delivered at the Fifth Conference of the mune Research School, Leuven, 23 November 2000.
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1. History
Until the end of World War I, for four hundred years Palestine had been part of the Ottoman Empire. Ottoman law was basically Moslem religious law, but it has steadily been influenced - as of the eenth century - by European law (French, Swiss, Austrian). As part of the capitulation, some religious autonomy was given to the non-munity. They were granted the right to have their own courts and their own laws in matters of personal status. At the end of World War I, Palestine was conquered by the British Army. It became a British Mandate under the League of Nations. This status was continued until Israel’s independence in 1948. Thus, for more than thirty years Palestine has been under English legal influence. Most of the statutes enacted during that period were copied