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Israel


Healing the Budget's Ills or Budgeting the Healing of the Ill-Is the Constitutional Dilemma
Severe criticism has been leveled against the Supreme Court of Israel for not doing enough to advance social rights by recognizing them...

Prof. Rivka Weill
Jan 12, 2022


Reviewing Continuity in Legislation
In Israel, the rule of continuity of legislative debate is routinely applied. According to this rule, the incoming Knesset continues the...

Prof. Rivka Weill
Jan 12, 2022


Twilight Time: On the Authority of Caretaker Governments
A caretaker government is a common phenomenon in Israel, and its average term in office is significant. The question of the authority of...

Prof. Rivka Weill
Jan 12, 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


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


Judicial Review of the Basic Laws: On the Legacy of Hayut (President of the Israeli Supreme Court) and Netanyahu
Judicial Review of Basic Laws: A Strategic Duality and Its Consequences Judicial review of Basic Laws “goes to the very heart of the...

Prof. Rivka Weill
Dec 16, 2021


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


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


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


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


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


Can the Judiciary Guard Democratic Transitions of Power? An Indian-Israeli Perspective
In this response to Tarun Khaitan’s article on democratic backsliding in India, Rivka Weill offers a comparative analysis of how the...

Prof. Rivka Weill
Dec 21, 2020


On the Nexus between the Process of Appointments of Senior Civil Service Members and the Judicial Protection of Independent Administrative Discretion in Parliamentary Systems
Senior Appointments in the Civil Service: A Democratic Perspective The issue of senior appointments in the civil service has repeatedly...

Prof. Rivka Weill
Dec 6, 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


On Misuse of Constituent Authority and the Unconstitutional Constitutional Amendment
In The Academic Center for Law and Business decision, the Israeli Supreme Court addressed for the second time the constitutionality of...

Prof. Rivka Weill
Oct 5, 2019
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