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ALL POSTS
Despotism or Judicial Craftsmanship? Narrative Wars in Israel’s 'Marbury v. Madison'
The United Mizrahi Bank decision is often compared to Marbury v. Madison as Israel’s foundational case for judicial review. Yet the...
Prof. Rivka Weill
Jun 15, 2022
"We the Territorial People” and the Russia-Ukraine War
This article argues that Russia’s demands for Ukraine to amend its constitution to recognize Crimea as Russian, accept the independence...
Prof. Rivka Weill
May 6, 2022
A Chronicle of a Failure Foretold: Why I Would not have Joined the Committee Established by Justice Minister Gideon Saar to Draft Basic Law: Legislation
. Justice Minister Gideon Sa’ar established a committee composed of coalition representatives to examine the question of adopting a Basic...
Prof. Rivka Weill
May 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
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
Healing the Budget's Ills or Budgeting the Healing of the Ill-Is the Constitutional Dilemma
Severe criticism has been leveled against the Supreme Court of Israel for not doing enough to advance social rights by recognizing them...
Prof. Rivka Weill
Jan 12, 2022
Did the Lawmaker Shoot a Cannon to Hit a Fly? On Proportionality in Law
This article is a book review of former President Aharon Barak’s work on proportionality in law — The Infringement of the Constitutional...
Prof. Rivka Weill
Jan 12, 2022
Reviewing Continuity in Legislation
In Israel, the rule of continuity of legislative debate is routinely applied. According to this rule, the incoming Knesset continues the...
Prof. Rivka Weill
Jan 12, 2022
Twilight Time: On the Authority of Caretaker Governments
A caretaker government is a common phenomenon in Israel, and its average term in office is significant. The question of the authority of...
Prof. Rivka Weill
Jan 12, 2022
Shouldn't We Seek the People's Consent? On the Nexus between the Procedures of Adoption and Amendment of Israel’s Constitution,
Since the Basic Laws were recognized as the state’s constitution in the Bank Mizrahi case, the constitutional project has yet to be...
Prof. Rivka Weill
Jan 12, 2022
United Mizrahi Bank's Twentieth Anniversary: On the Piquant Story of the Hybrid Israeli Constitution
Twenty years have passed since the Bank Mizrahi judgment was delivered, and the debate over whether Israel has a formal constitution has...
Prof. Rivka Weill
Jan 12, 2022
Acontextual Constitutionalism and the Relationship between the People, Constituent Power and the State: On Nicholas Barber’s The Principles of Constitutionalism
In the following review, I seek to challenge Barber’s account of the principles of constitutionalism. There can be no greater tribute to...
Prof. Rivka Weill
Jan 11, 2022
Global Constitutional Strategies to Counter-Secession
In contrast to the prevailing scholarly approach, my theoretical and empirical work on “Secession and the Prevalence of Both Militant...
Prof. Rivka Weill
Jan 11, 2022
A Covert Constitutional Revolution? Is Basic Law: Israel--the Nation-State of the Jewish People Democratic?
The Short Answer – It wasn't, now it is…In the process, the Court has adopted and applied the unconstitutional constitutional amendment...
Prof. Rivka Weill
Dec 19, 2021
Judicial Review of the Basic Laws: On the Legacy of Hayut (President of the Israeli Supreme Court) and Netanyahu
Judicial Review of Basic Laws: A Strategic Duality and Its Consequences Judicial review of Basic Laws “goes to the very heart of the...
Prof. Rivka Weill
Dec 16, 2021
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
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
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
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