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Parliamentary & Popular Sovereignty
Parliamentary sovereignty and popular sovereignty


Constitutionalism Reborn: Popular Sovereignty and Constitutional Conventions in the U.S. and U.K.
As Conservatives have come to dominate the US Supreme Court, originalist interpretation methods will determine constitutional disputes....

Prof. Rivka Weill
Dec 10, 2021


Court Packing as an Antidote
Court packing is considered the nuclear weapon that may unleash total chaos on the American constitutional system. Even in the face of a...

Prof. Rivka Weill
Oct 26, 2020


The British Popular Sovereignty Model: A Play in Three Acts
This article challenges the prevailing view that Brexit marks a radical departure from British constitutional tradition. Instead, it...

Prof. Rivka Weill
Jan 26, 2020


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


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


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


Constitutional Statutes or Overriding the Court-On Bruce Ackerman’s We the People: The Civil Rights Revolution
This comment reviews Bruce Ackerman's We the People: The Civil Rights Revolution. It traces the major innovations suggested in the book...

Prof. Rivka Weill
Mar 2, 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


Centennial to the Parliament Act 1911: The Manner and Form Fallacy
In this article, we suggest a new interpretation of British constitutional history under which the Parliament Act 1911 is treated as a...

Prof. Rivka Weill
Jan 31, 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


Book Review: Allison's The English Historical Constitution: Continuity, Change and European Effects
In my review of John W.F. Allison’s The English Historical Constitution: Continuity, Change and European Effects , I examine his...

Prof. Rivka Weill
Jan 1, 2010


Is it the Right Revolution? On Tushnet’s The Rights Revolution in the Twentieth Century
This is yet another manuscript by one of the most interesting and prolific American constitutional law professors that the Critical Legal...

Prof. Rivka Weill
Dec 1, 2008


Dicey
Albert Venn Dicey served as the Vinerian Chair Professor of English Law at Oxford for twenty‐seven years and reached a level of legal...

Prof. Rivka Weill
Jan 1, 2008


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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