Israel Legal System and Saudi Arabia's Legal System

640: Final Research Paper
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Introduction and Thesis Statement
The three legal systems, Saudi Arabia, U.S, and Israel, revolve around elements of five types such as common law-United States law, civil law- French or Napoleon Code, religious law- Islamic law, customary law, and mixed law. International law governs the conduct of these nations with other countries. This paper will research on the legal systems of these nations. It is an in depth study of each of the countries and then compares Israel’s judicial and legal system with Saudi Arabia’s legal system. Lastly, there will be a comparison of the legal system of the two with the legal system of United States.
However, before the comparisons, it shall focus on the history of each country briefly to show the basis of adoptions of the various laws, reasons for adoption or discarding the existent laws, and reforms if there are any. It will look into the role of religion in the countries; does religion alter the laws? Does religion change the state of the country? How do secular laws and religious laws integrate?
It shall investigate the existence of a constitution, the statutes of the constitution especially who it bestows power to. It shall seek to answer these questions; to whom does the constitution bestow power, is it an individual or a body? Who monitors the power the constitution gives to the individual or body? How does the individual or body influence the citizens and country in terms of freedom and liberty, ethical and philosophical beliefs, and their efficiency and success?
Israel Legal System
The country has several legal systems imbedded in it. Israel is a mixed jurisdiction because it has what has remained of the Ottoman law, British Mandate laws, elements of the Jewish religious laws, and aspects of other systems including the American law. The legal system is in the process of development; however, its prevailing characteristic is the independent case and statutory laws, which continue to evolve since the country gained independence. It follows the Western concept and approach of the law, while the Knesset and judiciary’s tasks are to develop the law.[Rivlin, Eliezer. "Israel as a Mixed Jurisdiction." McGill Law JOurnal , 2012: 781-790.]
Constitutional background; the country does not have a written constitution or any single document that is superior to others. The operative document is a set of Basic laws showing the basis of the state, sets out the framework of operation of the judicial, legislative, and executive. At independence, the country became a Jewish democratic state. This means that it gained equality in social and political realms to all of its inhabitants, sex, or race. Therefore, they made series of individual chapters in the form of a basic law.[Tamir, Michal. "A Guide to Legal Research in Israel." Globalex, 2011] [Holmes, Oliver Wendell. "Premium Legal Resources ." The Lectric Law Library, 1995.]
The proclamation of the country being a Jewish and democratic state has led to incompatibility between Jewish state and democratic state. However, the Supreme Court decided that the country is not a religious state; it is both liberal and secular. Religious courts would decide over personal status cases such as marriage while other courts will decide on other cases. Jewish religion will not be a state religion; however, Jewish values will incorporate with human rights and dignity.[Tamir, Michal. "A Guide to Legal Research in Israel." Globalex, 2011]
Legal sources inferior to basic laws are in the Foundations of Law Act (1980). However, in case where judicial courts cannot find answers in statute law, case law, or analogy, it shall follow principles of freedom, equity, justice, and peace that founded Israel’s heritage. The main source of law is legislation. There is primary, secondary, and emergency legislation. Primary are the enactments of the Knesset and covers most of legal issues. Secondary legislation is enactments of the administrative authorities who the Knesset empowers. Power or Judicial review can find them invalid at any time.[Salzberger, Eli. M. "A Positive Analysis of the Doctrine of Separation of Powers, or Why Do We Have an Independent Judiciary?" International Review L. & Econ, 1993: 349-357.]
Emergency regulations are measures the state adopts in case of the state of emergency. They may alter, modify, or suspend Knesset laws for a period. Moreover, principles of administrative law formed constitutional law. The principle also serves to safeguard human rights since administrative authorities cannot infringe those rights if there is no statute restricting such freedom. The Supreme Court made case laws dealing with balancing basic rights with other interests and rights.
The judiciary is independent and the president appoints judges upon recommendation of a special committee. The judiciary can also call changes to the Knesset despite the legal competence being at its own credibility. The court system is in resemblance to English courts. The Supreme Court is the highest, followed by the District court, and then the Magistrates’ Court. A higher court’s decision binds it but the Supreme Court’s own decisions do not bind it. In addition, some areas are through judicial interpretation. Israel still follows other cases despite the belief that it is an example to other nations-Deuteronomy 28:37, Numbers 22:12.
Rabbinical courts adjudicate according to the Jewish law. Secular courts from time to time also use this law from time-to-time. Jewish laws cover a broad spectrum but in this case, it only governs personal status cases as marriage and not relationships between God and people. However, the name Jewish law is not in the Foundation Act rather the Act refers to it as "the principles of freedom, equity, justice, and peace of Israel’s heritage."[Lemer, Natan. "RELIGIOUS LIBERTY IN THE STATE OF ISRAEL." 2007: 1-30.]
Saudi Arabia’s Legal system
The first King used the doctrine of Islam to achieve justice, public policy, and in all other phases of life. He proved that Islam was credible for all his times and all other times. He first took steps at inaugurating a system based on the Islamic principle. He also approved the constitution called the Basic Regulation.
However, King Abdullah stabilized the country and founded a method for the succession of the crown. The law opened development in terms of legal reform, constitution, democracy, and modernization. There are also reforms in key areas such as women’s rights, judicial reform, educational reform, and political reform.[nsary, Abdullah F. "Succession Process in Saudi Arabia: A Brief Overview of the HIstorical, Religious, Legal, and Royal Family Traditions." Library of Congress, July 2005: 31-37.] [Frank, Vogel E. Islamic law and legal system; Stusied of saudi Arabia. Leiden: Brill, 2000.]
Saudi Arabia is an Islamic state; Shariah is the basis of its judicial system for criminal and civil cases. The King is at the top of the legal system and he is the final court of appeal and source of pardon. The Basic System is the constitutional document. It states that the Qur’an and Sunnah are the Kingdom’s constitution and these two sources govern all the administrative activities of the state. The Islamic law governs the behavior between the governors and governed based on consultation, friendship, goodwill, and cooperation.[cane, Peter, Joanne Conaghan, and David M. walker. The New Oxford Companion to Law. Oxford England New York: Oxford University Press, 2009.]
It defines the role of each state authority. The executive branch has the king, council of Ministers, ministry subsidiaries, local governments, and other agencies. The king is the ultimate authority of the executive branch. He is the supreme commander of all military forces, he oversees the implementation of Islamic law, he is the authority under emergencies, and has power to relieve and appoint ministers. Council ministers have power to form policies in the government but these policies are subject to the King’s review.
The legislative branch has authority to approve agreements, international treaties, concessions, and regulations. State laws are applicable only if they do not contradict the divine law. The King makes rules; he can repeal, enact, and amend any regulations by Royal Order. The kingdom has legislative bodies- the Shura council and ministers’ Council, which approve and amend Royal Decrees. The king then rejects or approves proposals from the two bodies.
The Judicial Branch has supreme Judicial Council, appeal courts, and First-Instance courts. The nation has a Board of grievances that rules alongside the court system and affiliates directly with the King. However, in October 2007, the King issued decrees that call for an overhaul of the entire judicial system. The new Law establishes a high Court that will take the function of the Supreme Council; it will abolish existing courts of Appeal and establish new ones in the province.[Ansary, Abdullah F. "Succession Process in Saudi Arabia: A Brief Overview of the HIstorical, Religious, Legal, and Royal Family Traditions." Library of Congress, July 2005: 31-37.]
It states t...