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Democratic Backsliding
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
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
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
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
On the Nexus Between the Strength of the Separation of Powers and the Power of the Judiciary
This Article makes four novel arguments: (1) There is an inverse relationship between the strength of a separation of powers structure...
Prof. Rivka Weill
Mar 15, 2022
The Yuli Edelstein Decision and the History of the Balance of Power between the Knesset and the Government in Israel
The Edelstein precedent sent shockwaves through the foundations of Israeli democracy. For the first time in the country’s history, the...
Prof. Rivka Weill
Nov 30, 2021
On the Balance of Powers between the Israeli Legislature and the Government in Historical Perspective
The Supreme Court’s Position on the Government–Knesset Power Dynamic In a series of major rulings, the Israeli Supreme Court has...
Prof. Rivka Weill
Nov 5, 2021
Judicial Intervention in Parliamentary Affairs to Prevent a Coup d'état
After Israel’s 2020 parliamentary elections and before a new government formed, the Israeli Supreme Court forced Yuli Edelstein , then...
Prof. Rivka Weill
Jul 5, 2021
The Canonization of the Yuli Edelstein Decision and Judicial Intervention in Parliamentary Proceedings
The Edelstein Ruling and the Balance of Power Between Parliament and the Judiciary The Edelstein ruling is one of the most significant...
Prof. Rivka Weill
Apr 11, 2021
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