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(God)-fearing for the State's Security: An Accommodated Approach for Draft of Ultra-Orthodox Jews in Israel and A Fresh Look at the Right to Equality
Few issues arouse as much emotion in Israeli politics and academia as the question of adopting an override clause, by which the Knesset...
Prof. Rivka Weill
Sep 13


The Controversy over the History of the Development of the Reasonableness Doctrine and Judicial Strategy
Introduction A landmark event transpired in Israel on January 1, 2024, when, for the first time in the nation’s history, the Supreme...
Prof. Rivka Weill
May 30, 2024


Examining the Legal Reform in the Light of the Mandate Theory
Following the 37th Israeli government's election, the government declared its intention to implement extensive judicial reforms, which it...
Prof. Rivka Weill
Dec 22, 2023


Game of Chicken: Israel's Litigation Over Striking Down the Reasonableness Doctrine
On September 12th, the Israeli Supreme Court, sitting en banc with all fifteen justices for the first time, heard eight petitions...
Prof. Rivka Weill
Sep 12, 2023


The Folly of the Israeli Government in Restricting Reasonableness
It is the eve of Tisha B’Av, the day that commemorates the destruction of the first and second temples in Jewish history. On the...
Prof. Rivka Weill
Jul 25, 2023


Challenging the Constitutional Status of a Prime Minister in Israel
It is commonly assumed that Israel’s system of government is parliamentary. The prevailing narrative is that Israel experienced a brief...
Prof. Rivka Weill
Jul 14, 2023


Did Israel Lose its Sanity?The Struggle over the Reasonableness Doctrine
The article discusses Israel’s ongoing constitutional crisis centered around the government’s attempt to restrict the reasonableness...
Prof. Rivka Weill
Jun 11, 2023


Anti-Secession Constitutionalism
This chapter challenges us to rethink our most basic understanding of constitutionalism. In reality, just like authoritarian regimes, the...
Prof. Rivka Weill
Feb 28, 2023


War over Israel’s Judicial Independence
In late 2022, Israel’s new right-wing government, led by Prime Minister Netanyahu and Justice Minister Yariv Levin, initiated a...
Prof. Rivka Weill
Jan 25, 2023


Four Comments on Justice Stein’s Probabilism in Legal Interpretation Approach
The Scope of Justice Stein’s Probabilistic Interpretation Approach Before his appointment to the Israeli Supreme Court, Justice Stein was...
Prof. Rivka Weill
Jan 23, 2023


War on the House: The Interrelationship between the Separation of Powers and the Power of the Judiciary
These days, we are experiencing an unprecedented and severe assault on Israel's judicial system, culminating in proposals by members of...
Prof. Rivka Weill
Jan 13, 2023


The Inherent Limits on the Override Power in the Israeli Constitution
The Supreme Court will deliberate, in a panel of eleven justices, on the validity of Amendment No. 11 to Basic Law: The Government, which...
Prof. Rivka Weill
Jan 10, 2023


The Question of the Validity of the Basic Law on the 30th Anniversary of the Deri-Pinhasi Ruling
The Supreme Court will deliberate, in a panel of eleven justices, on the validity of Amendment No. 11 to Basic Law: The Government, which...
Prof. Rivka Weill
Jan 4, 2023


The Theoretical Limits on the Override Power
The article proposes a theoretical framework aimed at limiting the Knesset’s override power over Israel’s Basic Laws, arguing that such...
Prof. Rivka Weill
Dec 30, 2022


On the Nexus between Separation of Powers and Judicial Power
This article argues that the weaker a country’s separation of powers, the stronger its judiciary tends to be , and vice versa. This...
Prof. Rivka Weill
Dec 21, 2022


The High Stakes Israeli Debate over the Override
Following the 2022 elections to Israel’s legislature (Knesset), a hardcore right wing coalition is in the process of forming. Each of...
Prof. Rivka Weill
Nov 25, 2022


The Tangible and Imminent Threat to Israel’s Judicial Independence
A fierce debate is raging these days about the democratic implications of the Israeli 2022 elections to the twenty-fifth Knesset...
Prof. Rivka Weill
Nov 18, 2022


Evolution vs Revolution: A Theory of Constitutional Savings Clauses
In this blog, I argue that constitutional savings clauses—provisions that shield outdated laws from judicial review even after a new...
Prof. Rivka Weill
Sep 12, 2022


The Aim Justifies the Means: Appointment of the Chief of General Staff of the Army during Caretaker Government
The transitional government led jointly by Naftali Bennett and Yair Lapid decided to act with full force to appoint a Chief of Staff to...
Prof. Rivka Weill
Aug 26, 2022


Does the Knesset Need the Court’s Help?
We are in the midst of an ongoing constitutional and governmental crisis, resulting, among other things, from the combination of a...
Prof. Rivka Weill
Aug 4, 2022
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