ued a number of fundamental laws for replacement of the absent Constitution right after the creation of the state - the fundamental law of the Knesset raquo ;, the fundamental law of the government raquo ;, the fundamental law of legal proceedings raquo ;, the fundamental law of the president of the country raquo ;, the fundamental law of army raquo ;, in 1960 - the fundamental law of the land of Israel raquo ;, in 1975 - the fundamental law of the budget of the country raquo ;. The given laws have been issued to determine the kind and the structure of the power.1994 and тисячі дев'ятсот дев'яносто вісім there have been issued the two very important fundamental laws: the first - the fundamental law on dignity of a person and his freedom [3], the second - On freedom of business activity [4]. The given laws have been and are still of great importance, as they shall protect human rights of a person.
The law on dignity of a person and his freedom raquo ;. The purpose of the fundamental law is to protect dignity of a person and his freedom, to fix in the given fundamental law value of the State of Israel, as the Jewish and democratic state. The given law shall protect the life of a person, his physical body and his dignity. It shall forbid attempt on his life, his body and his dignity, shall forbid attempt on property of a person. The law stipulates as the fundamental right - the right to private life and non-interference into it without consent of a person: it shall be impossible to search a person without his own sanction, the secret of correspondence of a person and his private telephone conversations shall be guaranteed. The law stipulates, that any other law can not contradict the fundamental law.
On freedom of business activity [4]. The purpose of the given fundamental law is to protect freedom of business activity, to fix in it values ??of the state of Israel as the Jewish and democratic state.given law entitles each citizen or inhabitant of the state to be engaged in any business activity or to have any trade. The given fundamental law shall limit the legislator and shall entitle the judicial authority to interfere with laws and to establish, whether the given laws correspond to values ??of the state of Israel, whether they correspond to the desired purpose, and to determine the degree of infringement of freedom of business activity. It obliges authorities to respect freedom of business activity of each citizen or inhabitant.the both laws any organ of the power is assigned with the duty to respect the rights given by these fundamental laws. The given fundamentals laws also stipulate, that time emergency resolutions shall have no force to change given fundamentals laws, to cancel temporarily or to limit them, that can be possible solely under the special decision of the government for the period of three months, with the opportunity of prolongation of this term under certain conditions.law obliges the government to take the given measures solely in case of necessity.is no doubt that we speak about positive laws created for protection of a person and maintenance of his fundamental rights. But on the other hand it is necessary to specify that quite often there exists the contradiction between the two principles: the democratic country and the Jewish country raquo ;. The principle the Jewish country (the fact is, that about one and a half million of not Jews live in the state of Israel: the arabs and other nationalities that makes about 20% from the population) is the ground for oppression and discrimination of the arabs. The Supreme Court of Validity has considered this question and has expressed the opinion, that democracy is higher than Jewish nationality, but it does not express the common opinion in the country. It is necessary to remind the words of Minister of Protection of ecology of Israel Mr. Gidion Ezra in connection with the war in Lebanon and bombardment of northern Israel by rockets of Hezbollah that it is impossible to help the Arabs in the north of Israel.fact, that only in 1990th there have been issued the laws protecting human rights, causes the question: What existed before the given laws? What legal basis protected democracy and human rights ? Fact is that the Israeli legal system is based on the English system. Speaking in other words, the precedents are the basic source of law. Therefore the Supreme Court of Validity of the state of Israel has been and is the main stronghold of protection of human rights in the Israeli society.Supreme Court of Validity enjoys the huge authority all over the world, but quite frequently it faces the complicated questions arising as a result of occupation of the territories by Israel, and is criticized by the Arabian forces, and the governmental forces.to issue of these laws principles of equality, democracy and freedom of speech have been p...
