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2 - The High Court of Justice Department (HCJD): overview and history

Published online by Cambridge University Press:  05 June 2014

Yoav Dotan
Yoav Dotan
Affiliation:
Hebrew University of Jerusalem
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Summary

The purpose of this chapter is to present an overview of the High Court of Justice Department (HCJD). The department is part of the legal apparatus of the Israeli government. I shall first discuss briefly the general structure of this legal apparatus within the Ministry of Justice. I will then describe the institution of the Office of the Attorney General (OAG) and the function of the attorney general. The HCJD is subject to the direct supervision of the attorney general. The historical development of the HCJD and its current status within the legal system were heavily influenced by the developments of the function of the attorney general. Therefore, the discussion of the OAG will be somewhat detailed. In the last part of this chapter I will present an overview of the department itself: its structure, its history, the career patterns of its members, and its working practices. This description will serve as an overview for the detailed discussion of the main functions of the department and its impact on public law litigation in Israel in the following chapters.

The bureaucratic framework

Overview: Government lawyering in Israel

Lawyers are an integral part of most governmental units in Israel. All the ministries of the government and state agencies have legal departments that are normally headed by their chief legal counselor. The functions of these departments are to assist the relevant bureaus by providing legal opinions in matters related to decision-making processes and by taking part in legislative and regulative procedures in which the ministries are involved.

Type
Chapter
Information
Lawyering for the Rule of Law
Government Lawyers and the Rise of Judicial Power in Israel
 , pp. 51 - 86
Publisher: Cambridge University Press
Print publication year: 2013

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