Militant Democracy/Eternity Clauses

This chapter challenges us to rethink our most basic understanding of constitutionalism. In reality, just like authoritarian regimes, the...

The article proposes a theoretical framework aimed at limiting the Knesset’s override power over Israel’s Basic Laws, arguing that such...

In the following review, I seek to challenge Barber’s account of the principles of constitutionalism. There can be no greater tribute to...

In contrast to the prevailing scholarly approach, my theoretical and empirical work on “Secession and the Prevalence of Both Militant...

The Short Answer – It wasn't, now it is…In the process, the Court has adopted and applied the unconstitutional constitutional amendment...

Judicial Review of Basic Laws: A Strategic Duality and Its Consequences Judicial review of Basic Laws “goes to the very heart of the...

Few topics arouse as much passion in Israeli political and academic discourse as the proposal to adopt a general  override clause , which...

The question of whether there exists judicial authority to annul a Basic Law is less compelling than it might initially seem. In extreme...

In  The Academic Center for Law and Business  decision, the Israeli Supreme Court addressed for the second time the constitutionality of...

This piece examines the proposal to adopt a general override clause in Israel’s Basic Laws, allowing the Knesset to enact legislation...

I further developed these ideas in the context of secession  in a subsequent project. The prevalent approach suggests that constitutions...

In the judicial year 2014–2015, the Israeli Supreme Court issued several landmark rulingsspecifically in the  Dirani ,  Zoabi , and ...

Constitutional democracies do not usually tie their choice of proportional election with the need to counterbalance this choice by...