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Judicial Review
Judicial Review of Constitutional Provisions


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


The New Commonwealth Model of Constitutionalism Notwithstanding: On Judicial Review and Constitution-Making
Scholars traditionally deduce whether judicial review is weak or strong in a given country from the text of constitutional provisions...

Prof. Rivka Weill
Feb 28, 2014


Judicial Review of Constitutional Transitions: War and Peace and Other Sundry Matters
Constitutional transition periods present a twilight time between two executives. At such times, the outgoing executive’s authority is...

Prof. Rivka Weill
Dec 30, 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


Can We Reason About Reason? On Adrian Vermeule’s Law and the Limits of Reason
This review proceeds in five parts. Part I presents Vermeule's thesis in a nutshell, trying to do justice to its subtle complexities and...

Prof. Rivka Weill
Dec 11, 2010


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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