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Anglo American Constitutional Model


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


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 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


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In this blog, I argue that constitutional savings clauses—provisions that shield outdated laws from judicial review even after a new...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


Constitutionalism Reborn: Popular Sovereignty and Constitutional Conventions in the U.S. and U.K.
As Conservatives have come to dominate the US Supreme Court, originalist interpretation methods will determine constitutional disputes....

Prof. Rivka Weill
Dec 10, 2021


On Narrative and the Constitution: How to Dismantle the Override Clause?
Few topics arouse as much passion in Israeli political and academic discourse as the proposal to adopt a general override clause , which...

Prof. Rivka Weill
May 9, 2021


Evolution, Revolution and Israel’s Conflicted Constitutional Identity: Israel’s Savings Clause in Comparative Perspective
Israel stands on the threshold of a pivotal election, one that may shape the fundamental character of the state. The ongoing political...

Prof. Rivka Weill
Mar 9, 2021


Court Packing as an Antidote
Court packing is considered the nuclear weapon that may unleash total chaos on the American constitutional system. Even in the face of a...

Prof. Rivka Weill
Oct 26, 2020


The British Popular Sovereignty Model: A Play in Three Acts
This article challenges the prevailing view that Brexit marks a radical departure from British constitutional tradition. Instead, it...

Prof. Rivka Weill
Jan 26, 2020


Inherent Limits on the Override Power after the Israeli Election
This piece examines the proposal to adopt a general override clause in Israel’s Basic Laws, allowing the Knesset to enact legislation...

Prof. Rivka Weill
Apr 17, 2019


The Inherent Limits on the Override Power in the Israeli Constitution
The debate over the legislature's authority to override Basic Laws or judicial rulings interpreting them is highly charged with political...

Prof. Rivka Weill
Apr 10, 2019


Bills of Rights with Strings Attached: Protecting Death Penalty, Slavery, Discriminatory Religious Practices and the Past from Judicial Review
Some constitutions use savings clauses to shield from judicial review laws that have been in force prior to their adoption, thus,...

Prof. Rivka Weill
Oct 11, 2017


Exploring Constitutional Statutes in Common Law Systems
Constitutional statutes challenge the traditional dichotomy between regular statutes and constitutional provisions. They are supposedly...

Prof. Rivka Weill
May 18, 2016


Juxtaposing Constitution-Making and Constitutional Infringement Mechanisms in Israel and Canada: On the Interplay between Common law Override and Sunset Override
This article explores the oft-neglected relationships between constitution-making (including amendment) mechanisms and constitutional...

Prof. Rivka Weill
Aug 12, 2015


Constitutional Statutes or Overriding the Court-On Bruce Ackerman’s We the People: The Civil Rights Revolution
This comment reviews Bruce Ackerman's We the People: The Civil Rights Revolution. It traces the major innovations suggested in the book...

Prof. Rivka Weill
Mar 2, 2015


The New Commonwealth Model of Constitutionalism Notwithstanding: On Judicial Review and Constitution-Making
Scholars traditionally deduce whether judicial review is weak or strong in a given country from the text of constitutional provisions...

Prof. Rivka Weill
Feb 28, 2014


Centennial to the Parliament Act 1911: The Manner and Form Fallacy
In this article, we suggest a new interpretation of British constitutional history under which the Parliament Act 1911 is treated as a...

Prof. Rivka Weill
Jan 31, 2012


Reconciling Parliamentary Sovereignty and Judicial Review: On the Theoretical and Historical Origins of the Israeli Legislative Override Power
It is often asserted that a formal constitution does not necessitate judicial review over primary legislation. Rather, a country may...

Prof. Rivka Weill
Apr 16, 2011
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