top of page
Judicial Strategy


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


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 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


A Guide to Judicial Legitimacy and Effectiveness: The Strategic Court of Justice Barak
Constitutional revolutions capture the human imagination and generate tectonic shifts in the political life of nations. Accordingly,...

Prof. Rivka Weill
Feb 11, 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


Is Court Packing of the US Supreme Court Justified?
There is a deep sense of crisis regarding the US Supreme Court’s (SCOTUS) legitimacy. President Biden has tasked a Commission with...

Prof. Rivka Weill
Nov 26, 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


Judgment Day Weapon: The Pros and Cons of the Different Paths available to Judicially Invalidate a Basic Law
The question of whether there exists judicial authority to annul a Basic Law is less compelling than it might initially seem. In extreme...

Prof. Rivka Weill
Nov 22, 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


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


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
bottom of page