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ALL POSTS


The Size of the Majority: On Entrenchment, Override and Basic Law: Legislation
The constitutional crisis that has gripped Israel in recent years has highlighted the urgent need to adopt a Basic Law: Legislation...

Prof. Rivka Weill
Jun 23, 2021


On Narrative and the Constitution: How to Dismantle the Override Clause?
Few topics arouse as much passion in Israeli political and academic discourse as the proposal to adopt a general override clause , which...

Prof. Rivka Weill
May 9, 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


Evolution, Revolution and Israel’s Conflicted Constitutional Identity: Israel’s Savings Clause in Comparative Perspective
Israel stands on the threshold of a pivotal election, one that may shape the fundamental character of the state. The ongoing political...

Prof. Rivka Weill
Mar 9, 2021


We the British People Rule: From 1832 to the Present
Although Brexit appears to contradict Britain’s tradition of parliamentary sovereignty, it actually aligns with a deeper, long-standing...

Prof. Rivka Weill
Jan 21, 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


On the Nexus between the Process of Appointments of Senior Civil Service Members and the Judicial Protection of Independent Administrative Discretion in Parliamentary Systems
Senior Appointments in the Civil Service: A Democratic Perspective The issue of senior appointments in the civil service has repeatedly...

Prof. Rivka Weill
Dec 6, 2020


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


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


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


On the Trinity: On an Indicted Prime Minister, a Deputy-Prime Minister and an Alternative Prime Minister
We are currently experiencing a constitutional crisis of historic proportions, unprecedented even by comparative standards. At the heart...

Prof. Rivka Weill
May 4, 2020


See our Shame: On an Indicted Prime Minister
Significant challenges lie ahead. Three election cycles within less than a year have failed to produce a stable government in Israel. At...

Prof. Rivka Weill
Feb 4, 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


On Misuse of Constituent Authority and the Unconstitutional Constitutional Amendment
In The Academic Center for Law and Business decision, the Israeli Supreme Court addressed for the second time the constitutionality of...

Prof. Rivka Weill
Oct 5, 2019


How to Address the Israeli Constitutional Crisis?
The Path to Stability and Effective Governance: Strengthening Parliamentary Oversight and Enhancing Public Legitimacy of the Basic Laws...

Prof. Rivka Weill
Sep 21, 2019


The Grass is Always Greener on the Other Side: Proportional Representation vs. Majoritarian Election Systems
This piece explores the trade-offs between electoral systems and democratic values, particularly in the context of partisan...

Prof. Rivka Weill
Jun 17, 2019


Women’s and LGBTQ Social Movements and Constitutional Change - On Geoffrey Stone’s Sex and the Constitution: Sex, Religion, and Law from America’s Origins to the Twenty-First Century
Contributor & guest editor of the volume This essay reviews Geoffrey Stone’s “Sex and the Constitution: Sex, Religion, and Law from...

Prof. Rivka Weill
Jun 17, 2019


Inherent Limits on the Override Power after the Israeli Election
This piece examines the proposal to adopt a general override clause in Israel’s Basic Laws, allowing the Knesset to enact legislation...

Prof. Rivka Weill
Apr 17, 2019


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
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