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Basic Law: The Judiciary

חוק-יסוד: השפיטה

Published: 1984-03-08Last amended 2025-04-01✓ Amendment status checked against the Knesset legislation record on 2026-09-28
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

This English text was translated from the official Hebrew using a range of translation tools, and it undergoes ongoing checks and updates. It is not a certified translation.

Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.

Chapter I: Fundamental Provisions

Judicial Power§

1.
(a)The following are the courts vested with judicial power:
(1)the Supreme Court;
(2)a District Court;
(3)a Magistrate's Court;
(4)any other court designated by law as a court;

in this Law, "judge" means a judge of a court as aforesaid.

(b)Judicial power is also vested in the following:
(1)a religious court;
(2)any other tribunal;
(3)any other authority,

all as prescribed by law.

(c)No court or tribunal shall be established for a particular case.

Independence§

2.

In matters of adjudication, a person vested with judicial power is subject to no authority other than the authority of the law.

Public Hearings§

3.

A court shall sit in public, unless otherwise prescribed by law or unless the court has ordered otherwise pursuant to law.

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Chapter II: The Judges

Appointment of Judges§

4.
(a)A judge shall be appointed by the President of the State upon the selection of a Judicial Selection 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 its bench, the Minister of Justice and one other Minister designated by the Government, two members of the Knesset elected by the Knesset, and two representatives of the Bar Association elected by the National Council of the Bar Association; the Minister of Justice shall serve as chairperson of the Committee.
(c)The Committee may act even if its membership has fallen below nine, provided it has not fallen below seven.

Citizenship§

5.

No person shall be appointed as a judge unless he is an Israeli citizen.

Oath of Allegiance§

6.

A person appointed as a judge shall declare an oath of allegiance before the President of the State; the declaration shall be in the following terms: "I undertake to bear allegiance to the State of Israel and its laws, to dispense justice fairly, not to pervert justice, and to show no favour."

Term of Office§

7.

A judge's tenure shall commence upon the declaration of the oath of allegiance and shall not end except by one of the following:

(1)retirement;
(2)resignation;
(3)election or appointment to one of the positions the holders of which are disqualified from standing as candidates for the Knesset;
(4)pursuant to a decision of the Judicial Selection Committee proposed by the chairperson of the Committee, the Public Complaints Commissioner for Judges, or the President of the Supreme Court, and adopted by a majority of at least seven members;
(5)pursuant to a decision of the Disciplinary Tribunal.

Retired Judge§

8.

A judge who has retired may be appointed to the role of judge, on a temporary basis, in the manner and on the conditions prescribed by law.

Restriction on Change of Tenure§

9.
(a)A judge shall not be transferred permanently from his place of service to a court in another location except with the consent of the President of the Supreme Court or pursuant to a decision of the Disciplinary Tribunal.
(b)A judge shall not be appointed to serve in an acting capacity in a court of a lower grade except with his consent.

Salary and Emoluments§

10.
(a)The salaries of judges and other payments to be made to them, during their term of office or thereafter, or to their survivors after their death, shall be prescribed by law or by a decision of the Knesset or of a committee of the Knesset authorised by the Knesset to do so.
(b)No decision intended to reduce the salaries of judges alone shall be adopted.

Exclusivity of Office§

11.

A judge shall not engage in any additional occupation nor fulfil any public role, except pursuant to law or 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 except with the consent of the Attorney General, and no indictment shall be filed against a judge except by the Attorney General.
(b)A criminal charge against a judge shall not be tried except before a District Court composed of three judges, unless the judge has consented to the charge being tried in the ordinary manner.
(c)The provisions of this Section shall not apply to categories of offences prescribed by law.

Disciplinary Proceedings§

13.
(a)A judge is subject to the jurisdiction of a Disciplinary Tribunal.
(b)The Disciplinary Tribunal shall be composed of judges or retired judges appointed by the President of the Supreme Court.
(c)Provisions concerning the grounds for disciplinary proceedings, the procedures for lodging a complaint, the composition of the panel, the powers of the Disciplinary Tribunal and the disciplinary measures it may impose shall be prescribed by law; the rules of procedure shall be in accordance with law.

Suspension§

14.

Where a complaint has been filed against a judge, or a criminal investigation has been opened against him, or an indictment has been filed against him, the President of the Supreme Court may suspend the judge for a period to be determined by the President.

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Chapter III: The Courts

The 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 District Courts.
(c)The Supreme Court shall also sit as the High Court of Justice; when sitting as aforesaid it shall hear matters in which it sees fit to grant relief in the interests of justice and which are not within the jurisdiction of another court or tribunal.
(d)Without derogating from the generality of the provisions of subsection (c), the Supreme Court sitting as the High Court of Justice is empowered —
(1)to issue orders for the release of persons unlawfully detained or imprisoned;
(2)to issue orders to State authorities, local authorities, their officials, and other bodies and persons performing public functions by law, to do or refrain from doing any act in the lawful exercise of their functions, and, if they were elected or appointed unlawfully, to refrain from acting;
(3)to issue orders to courts, tribunals, and bodies and persons with judicial or quasi-judicial powers by law — excluding courts dealt with in this Law and excluding religious courts — to hear a particular matter or to refrain from hearing or from continuing to hear a particular matter, and to quash any hearing that took place or any decision given unlawfully;
(4)to issue orders to religious courts to hear a particular matter within their jurisdiction or to refrain from hearing or from continuing to hear a particular matter outside their jurisdiction; provided that the court shall not entertain an application under this paragraph if the applicant did not raise the question of jurisdiction at the earliest opportunity available to him; and if he had no reasonable opportunity to raise the question of jurisdiction until a decision was given by the religious court, the court may quash any hearing that took place or any decision given by the religious court without jurisdiction.
(d1)Notwithstanding anything stated in this Basic Law, a person vested with judicial power by law, including the Supreme Court sitting as the High Court of Justice, shall not adjudicate on the reasonableness of a decision of the Government, of the Prime Minister, or of another Minister, and shall not issue an order in respect of such a matter; in this Section, "decision" means any decision, including in matters of appointments or a decision to refrain from exercising any power.
(e)Other powers of the Supreme Court shall be prescribed by law.

Other Courts§

16.

District Courts, Magistrate's Courts and other courts — their establishment, powers, seats and jurisdictional districts shall be in accordance with law.

Appeal§

17.

A judgment of a court of first instance is appealable as of right, except for a judgment of the Supreme Court.

Further Hearing§

18.

A matter decided by the Supreme Court sitting as a bench of three may be subject to a further hearing before the Supreme Court sitting as a bench of five or more, on grounds and in the manner prescribed by law.

Retrial§

19.

In a criminal matter that has been finally decided, a retrial may be conducted on grounds and in the manner prescribed by law.

Binding Precedent§

20.
(a)A ruling laid down by a court shall guide a court of lower grade.
(b)A ruling laid down by the Supreme Court is binding on every court other than the Supreme Court.

Registrars§

21.

A court may have a Registrar, whether a judge or not a judge.

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Chapter IV: Miscellaneous Provisions

Stability of the Law§

22.

Emergency Regulations have no power to alter this Law, to suspend its validity temporarily, or to impose conditions upon it.

Provisions to be set by Law§

23.

The following matters shall be prescribed by law:

(1)the manner of election of members of the Judicial Selection Committee, and the duration of their tenure;
(2)the qualifications for judicial office at the various levels;
(3)the manner of appointment of the President of the Supreme Court, the Deputy President of the Supreme Court, and the President and Vice-President of a District Court and of a Magistrate's Court;
(4)the conditions and procedures for the termination of a judge's tenure;
(5)the means of appointing a judge to serve in an acting capacity in another court and of transferring a judge, temporarily or permanently, from the judge's place of service to a court at another place;
(6)the procedures for the suspension of a judge, and the reconsideration of a suspension;
(7)the matters in which courts at the various levels shall sit with one judge, with panels of three, or with a larger number;
(8)the means of determining which judge or judges shall adjudicate a particular matter.

Provisions to be set pursuant to Law§

24.

The following matters shall be prescribed pursuant to law:

(1)the administrative arrangements of courts, their determination and responsibility for their implementation;
(2)the working procedures of the Judicial Selection Committee;
(3)the manner of resignation of a judge;
(4)the manner of appointment of a court Registrar and the Registrar's powers;
(5)the number of judges to serve in courts at the various levels and at the various places.

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Basic LawConstitutional & Basic LawsAdministrative Law

חוק-יסוד: השפיטה

Basic Law Judiciary

Judiciary Basic Law

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