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Constitutional Making


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In this blog, I argue that constitutional savings clauses—provisions that shield outdated laws from judicial review even after a new...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


A Chronicle of a Failure Foretold: Why I Would not have Joined the Committee Established by Justice Minister Gideon Saar to Draft Basic Law: Legislation
. Justice Minister Gideon Sa’ar established a committee composed of coalition representatives to examine the question of adopting a Basic...

Prof. Rivka Weill
May 4, 2022


Shouldn't We Seek the People's Consent? On the Nexus between the Procedures of Adoption and Amendment of Israel’s Constitution,
Since the Basic Laws were recognized as the state’s constitution in the Bank Mizrahi case, the constitutional project has yet to be...

Prof. Rivka Weill
Jan 12, 2022


United Mizrahi Bank's Twentieth Anniversary: On the Piquant Story of the Hybrid Israeli Constitution
Twenty years have passed since the Bank Mizrahi judgment was delivered, and the debate over whether Israel has a formal constitution has...

Prof. Rivka Weill
Jan 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


The Size of the Majority: On Entrenchment, Override and Basic Law: Legislation
The constitutional crisis that has gripped Israel in recent years has highlighted the urgent need to adopt a Basic Law: Legislation...

Prof. Rivka Weill
Jun 23, 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


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


Evolution Vs. Revolution: Dueling Models of Dualism
When the world is once again preoccupied with constitution-making, this article challenges us to rethink our most basic conceptions...

Prof. Rivka Weill
Feb 21, 2007
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