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Democratic Backsliding


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


From Deri to Netanyahu: On the Gap between the Reasoning and Outcome of the Netanyahu Decision
. he Netanyahu Doctrine held that it was legally permissible to assign the task of forming a government to Member of Knesset Benjamin...

Prof. Rivka Weill
Jun 23, 2020


Is the Judicial Impeachment of the Israeli Prime Minister Constitutional?
We are in uncharted waters in comparative terms. Israel held three election cycles within 12 months to end the political stalemate that...

Prof. Rivka Weill
Jun 1, 2020


On the Trinity: On an Indicted Prime Minister, a Deputy-Prime Minister and an Alternative Prime Minister
We are currently experiencing a constitutional crisis of historic proportions, unprecedented even by comparative standards. At the heart...

Prof. Rivka Weill
May 4, 2020


See our Shame: On an Indicted Prime Minister
Significant challenges lie ahead. Three election cycles within less than a year have failed to produce a stable government in Israel. At...

Prof. Rivka Weill
Feb 4, 2020


How to Address the Israeli Constitutional Crisis?
The Path to Stability and Effective Governance: Strengthening Parliamentary Oversight and Enhancing Public Legitimacy of the Basic Laws...

Prof. Rivka Weill
Sep 21, 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


Revisiting Israel's Militant Democracy Perception
In the judicial year 2014–2015, the Israeli Supreme Court issued several landmark rulingsspecifically in the Dirani , Zoabi , and ...

Prof. Rivka Weill
Jun 25, 2017


The Living-Dead
The Israeli legislature (the Knesset) applies continuity to pending bills on a regular basis. In spite of changes that occur in the...

Prof. Rivka Weill
Sep 26, 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


The Power of Understatement in Judicial Decisions
Israel's Jewish and democratic character has always posed a great challenge to those seeking to protect and advance secular life in...

Prof. Rivka Weill
Jul 4, 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


Exodus: Structuring Redemption of Captives
The principle of legislative discontinuity following elections is prevalent in democratic systems. Legislative discontinuity means that...

Prof. Rivka Weill
Nov 22, 2012
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