Language:
Hebrew
Year of publication:
2020
Titel der Quelle:
משפט ועסקים
Angaben zur Quelle:
כב (תשף) 457-516
Keywords:
Law
;
Law
;
Comparative law
Abstract:
The importance and significance of comparative sources to the development of Israeli jurisprudence can be seen in local legislation and rulings. Numerous studies within local literature have analyzed and justified the influence of foreign law on the development of Israeli law. These studies focused on the two most prominent legal systems-the Anglo-American and the Civil legal systems. The historical reasons for this are clear, as Israel's legal system is based on these exact legal regimes and consequently changes in light of their developments. However, throughout the years, Israeli law developed and became a multifaceted mosaic which implemented legal doctrines and interpretations from different and various legal systems. One of the most prominent legal systems in recent decades is European Union (EU) law, the largest democratic bloc of countries in the world, which greatly influenced the development of legal interpretation of Israeli law. This is the first of two articles analyzing descriptively and empirically the influence that EU law has on the development of Israeli jurisprudence as reflected in the rulings of the Supreme Court of Israel. The study, in its two parts, is new to local and international discourses, of Israel. constituting a part of a broader research project discussing the influence of EU law on the way "third countries" (non-EU members) interpret their own laws. Many studies have shown Israel's doctrinal interpretive dependency on the prominent legal systems, while failing to mention the EU as an independent legal system, even though it gained its leading international status just a few years after the end of World War II. Unlike previous studies, this study does not analyze the diffusion and influence of the national legal systems of EU member states on Israeli law; rather it limits itself to supranational EU law. The study points to the importance of EU law and indicates the diffusion process, as well as the weakness of EU law, as an influential actor in Israeli jurisprudence. This, we argue, goes against the Union's self-perception of a "normative power" and the EU's global standing in the eyes of key international players. The conclusions of this study strengthen the argument that the Israeli courts end to follow only specific legal systems and by doing so they are fixating only on certain aspects of comparative methods, and consequently preventing additional deepening by using other interpretive sources that can contribute to the development of local Israeli law.
Note:
With an English summary.
URL:
אתר את הפרסום בקטלוג המאוחד של ספריות ישראל
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