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Judicial Review
Judicial Review of Constitutional Provisions
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
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
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
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
On the Nexus between Separation of Powers and Judicial Power
This article argues that the weaker a country’s separation of powers, the stronger its judiciary tends to be , and vice versa. This...
Prof. Rivka Weill
Dec 21, 2022
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
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
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 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
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 Inherent Limits on the Override Power in the Israeli Constitution
The debate over the legislature's authority to override Basic Laws or judicial rulings interpreting them is highly charged with political...
Prof. Rivka Weill
Apr 10, 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
Between Institutional Survival and Human Rights Protection: Adjudicating Landmark Cases of African Undocumented Entrants in Israel in a Comparative and International Context
States compare asylum and immigration policies. The Israeli immigration and asylum regime influenced American law, and was also directly...
Prof. Rivka Weill
Mar 7, 2018
Bills of Rights with Strings Attached: Protecting Death Penalty, Slavery, Discriminatory Religious Practices and the Past from Judicial Review
Some constitutions use savings clauses to shield from judicial review laws that have been in force prior to their adoption, thus,...
Prof. Rivka Weill
Oct 11, 2017
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
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
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