Public Law in Israel

By Itzhak Zamir; Allen Zysblat | Go to book overview

2
Administrative Law
ITZHAK ZAMIR
1. Introduction
2. Administrative Power
A. Administrative Legality
B. Extent of Power
C. Nature of Power
D. Auxiliary Powers
E. Interpretation of Powers
3. Administrative Authorities
A. The Government
B. Statutory Corporations
C. Government Companies
4. Administrative Procedure
A. Duty to Act
B. Rules of Natural Justice
C. Decisions, Reasons, and Publications
5. Enforcement and Sanctions
6. Misuse of Power
A. Excess of Power
B. Default
C. Defects in Law, Fact, and Procedure
D. Abuse of Discretion
E. Special Instances
7. Judicial Review
A. Appellate Review and Supervisory Review
B. Scope of Review
C. Procedure, Evidence, and Remedies
8. Conclusion

1. Introduction

In Israel, administrative law is, in a sense, more than just administrative law. It accounts for many of the norms and values which make Israel a free society governed by the rule of law. In many countries this may be attributed to constitutional law. In Israel, however, in the absence of a written constitution,1 basic principles such as the rule of law, individual freedoms, equality before the law, and fair government originated in administrative law, mainly through judicial review of administrative action.

____________________
*
This article was also published, with slight variations, in I. Zamir and S. Colombo (eds.), The Law of Israel: General Surveys (Sacher Institute for Legislative Research and Comparative Law, Hebrew University of Jerusalem, Jerusalem, 1995).
1
See Allen Zysblat note "Protecting Fundamental Rights in Israel without a Written Constitution", in Section 2 of this book.

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