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Constitutional Revolutions


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


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In this blog, I argue that constitutional savings clauses—provisions that shield outdated laws from judicial review even after a new...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


Despotism or Judicial Craftsmanship? Narrative Wars in Israel’s 'Marbury v. Madison'
The United Mizrahi Bank decision is often compared to Marbury v. Madison as Israel’s foundational case for judicial review. Yet the...

Prof. Rivka Weill
Jun 15, 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


A Covert Constitutional Revolution? Is Basic Law: Israel--the Nation-State of the Jewish People Democratic?
The Short Answer – It wasn't, now it is…In the process, the Court has adopted and applied the unconstitutional constitutional amendment...

Prof. Rivka Weill
Dec 19, 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


Women’s and LGBTQ Social Movements and Constitutional Change - On Geoffrey Stone’s Sex and the Constitution: Sex, Religion, and Law from America’s Origins to the Twenty-First Century
Contributor & guest editor of the volume This essay reviews Geoffrey Stone’s “Sex and the Constitution: Sex, Religion, and Law from...

Prof. Rivka Weill
Jun 17, 2019


The Strategic Common Law Court of Aharon Barak and its Aftermath
Article's full name: The Strategic Common Law Court of Aharon Barak and its Aftermath: On Judicially-led Constitutional Revolutions and...

Prof. Rivka Weill
Dec 5, 2018


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


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


Hybrid Constitutionalism: The Israeli Case for Judicial Review and Why We Should Care
Fifteen years after the Israeli Supreme Court decided in Mizrahi that Israel's "Basic Laws" amount to Israel's formal Constitution and it...

Prof. Rivka Weill
Jan 13, 2011


Is it the Right Revolution? On Tushnet’s The Rights Revolution in the Twentieth Century
This is yet another manuscript by one of the most interesting and prolific American constitutional law professors that the Critical Legal...

Prof. Rivka Weill
Dec 1, 2008


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


We the British People
This article argues that between 1832 and 1911 the British constitution had operated under popular rather than parliamentary sovereignty....

Prof. Rivka Weill
Jan 1, 2004


Dicey Was Not Diceyan
There is an apparent paradox between Dicey’s treatment of parliamentary sovereignty as the central premise of the British constitution...

Prof. Rivka Weill
Jan 1, 2003
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