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Resurrecting Legislation
The principle of legislative discontinuity following elections is prevalent in democratic systems worldwide. It governs legislative...

Prof. Rivka Weill
Apr 9, 2019


The Strategic Common Law Court of Aharon Barak and its Aftermath
Article's full name: The Strategic Common Law Court of Aharon Barak and its Aftermath: On Judicially-led Constitutional Revolutions and...

Prof. Rivka Weill
Dec 5, 2018


Between Institutional Survival and Human Rights Protection: Adjudicating Landmark Cases of African Undocumented Entrants in Israel in a Comparative and International Context
States compare asylum and immigration policies. The Israeli immigration and asylum regime influenced American law, and was also directly...

Prof. Rivka Weill
Mar 7, 2018


Secession and the Prevalence of Both Militant Democracy and Eternity Clauses Worldwide
I further developed these ideas in the context of secession in a subsequent project. The prevalent approach suggests that constitutions...

Prof. Rivka Weill
Nov 1, 2017


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


Revisiting Israel's Militant Democracy Perception
In the judicial year 2014–2015, the Israeli Supreme Court issued several landmark rulingsspecifically in the Dirani , Zoabi , and ...

Prof. Rivka Weill
Jun 25, 2017


On the Nexus of Eternity Clauses, Proportional Representation, and Banned Political Parties
Constitutional democracies do not usually tie their choice of proportional election with the need to counterbalance this choice by...

Prof. Rivka Weill
May 17, 2017


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


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


The Power of Understatement in Judicial Decisions
Israel's Jewish and democratic character has always posed a great challenge to those seeking to protect and advance secular life in...

Prof. Rivka Weill
Jul 4, 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


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


Exodus: Structuring Redemption of Captives
The principle of legislative discontinuity following elections is prevalent in democratic systems. Legislative discontinuity means that...

Prof. Rivka Weill
Nov 22, 2012


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


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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