Israel Bar Exam study materials
Israel Bar Exam study resources

Israel Bar Exam: Constitutional and Administrative Law

Israel Bar Exam · Work through your exam, one topic at a time.

All guide sections

Constitutional and Administrative Law

Constitutional foundations

Israel has no single written constitution but has Basic Laws with supra-legislative status (the "constitutional revolution"). Know the limitation clause (Basic Law: Human Dignity and Liberty) and the proportionality test: (1) appropriate means, (2) least restrictive means, (3) proportionate impact. Trap: a law violating a Basic Law is void only if it fails the limitation clause; the court does not second-guess the legislature's policy choices beyond proportionality.

Judicial review of administration

Know the grounds: ultra vires, procedural fairness (hearing, bias), unreasonableness (extreme), proportionality, legitimate expectations, and error of law. Understand standing (broad in HCJ petitions), justiciability, and the distinction between HCJ and administrative courts. Trap: the "reasonableness" ground is narrow; mere disagreement with a decision is not a ground.

Worked example

A minister denies a license without a hearing. Issue: procedural fairness. Remedy: the decision is void and the matter remanded for a hearing; the court does not substitute its own decision unless the outcome is inevitable.

Rule of thumb

For any administrative act: identify the source of authority, the procedure followed, the substantive grounds, and the remedy (void, remand, or damages).