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The law of Democracy
Democratic institutions in comparative perspective
Examining the Legal Reform in the Light of the Mandate Theory
Following the 37th Israeli government's election, the government declared its intention to implement extensive judicial reforms, which it...
Prof. Rivka Weill
Dec 22, 2023
Challenging the Constitutional Status of a Prime Minister in Israel
It is commonly assumed that Israel’s system of government is parliamentary. The prevailing narrative is that Israel experienced a brief...
Prof. Rivka Weill
Jul 14, 2023
Does the Knesset Need the Court’s Help?
We are in the midst of an ongoing constitutional and governmental crisis, resulting, among other things, from the combination of a...
Prof. Rivka Weill
Aug 4, 2022
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
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
On the Balance of Powers between the Israeli Legislature and the Government in Historical Perspective
The Supreme Court’s Position on the Government–Knesset Power Dynamic In a series of major rulings, the Israeli Supreme Court has...
Prof. Rivka Weill
Nov 5, 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
Can the Judiciary Guard Democratic Transitions of Power? An Indian-Israeli Perspective
In this response to Tarun Khaitan’s article on democratic backsliding in India, Rivka Weill offers a comparative analysis of how the...
Prof. Rivka Weill
Dec 21, 2020
Resurrecting Legislation
The principle of legislative discontinuity following elections is prevalent in democratic systems worldwide. It governs legislative...
Prof. Rivka Weill
Apr 9, 2019
Election Integrity: The Constitutionality of Transitioning to Electronic Voting in Comparative Terms
While we tend to think of digital democracy as a positive development, embracing electronic voting may be a risky endeavor for...
Prof. Rivka Weill
Nov 12, 2016
The Living-Dead
The Israeli legislature (the Knesset) applies continuity to pending bills on a regular basis. In spite of changes that occur in the...
Prof. Rivka Weill
Sep 26, 2016
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
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
Constitutional Transitions: The Role of Lame Ducks and Caretakers
As a lame-duck President, Bush signed the Iraqi military accord, sold oil and gas leases on land bordering national parks, and reduced...
Prof. Rivka Weill
Jan 6, 2011
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