עברית

Prof. Rivka Weill

Harry Radzyner Law School J.S.D. in Law, Yale University

Research and Teaching Expertise

Administrative law
Constitutional Law
Comparative Law
Public Law
Comparative Politics
Comparative Constitutional Law
Constitutional Identity
Civil Society and Social Change
Legisprudence
Law and Revolution

Prof. Rivka Weill, J.S.D., Yale Law School, 2002
Rivka Weill is a Professor of Law (tenured) at the Harry Radzyner Law School, Reichman University. In recent years, she was a Visiting Law Professor at Cardozo Law School (2016-2017), David R. Greenbaum and Laureine Knight Greenbaum Distinguished Visiting Professor of Law at University of Chicago Law School (Fall 2017) and Visiting Law Professor at Yale Law School (Spring 2018). She earned her LLM and JSD from Yale Law School and holds an additional degree in Accounting from Tel-Aviv University. She was a clerk and legal adviser for the President of the Supreme Court of Israel, Aharon Barak. In recent years, she received three times the IDC’s “Best Researcher in Law School” award (2012, 2015, 2017) as well as the IDC’s “Best Lecturer in Law School” award (2010). Her work focuses on constitutional law as well as administrative law with a focus on theoretical and comparative dimensions. She has published in leading law journals in the United States, the United Kingdom and Israel. Professor Weill gave invited talks at prestigious universities across the United States, Europe, New Zealand and Australia.
Among her articles are Court Packing as an Antidote (Cardozo Law Review, 2021), Constitutionalism Reborn: Popular Sovereignty and Constitutional Conventions in the U.S. and U.K (Columbia Journal of Transnational Law, 2021), Judicial Intervention in Parliamentary Affairs to Prevent a Coup d'état (Maryland Law Review, 2021), The Strategic Common Law Court of Aharon Barak and its Aftermath: On Judicially-led Constitutional Revolutions and Democratic Backsliding (Law & Ethics of Human Rights, 2020), Secession and the Prevalence of Both Militant Democracy and Eternity Clauses Worldwide (Cardozo Law Review, 2018), On the Nexus of Eternity Clauses, Proportional Representation, and Banned Political Parties (Election Law Journal, 2017), Resurrecting Legislation (I*CON, 2016), Exodus: Structuring Redemption of Captives (Cardozo Law Review, 2014), The New Commonwealth Model of Constitutionalism Notwithstanding: On Judicial Review and Constitution-Making (American Journal of Comparative Law, 2014), Hybrid Constitutionalism: the Israeli Case for Judicial Review and Why We Should Care (Berkeley Journal of International Law, 2012), Reconciling Parliamentary Sovereignty and Judicial Review: On the Theoretical and Historical Origins of the Legislative Override Power (Hastings Constitutional Law Quarterly, 2012), Centennial to the Parliament Act 1911: the Manner and Form Fallacy (Public Law, 2012), Evolution vs. Revolution: Dueling Models of Dualism (American Journal of Comparative Law, 2006), We the British People (Public Law, 2004), Dicey was not Diceyan (Cambridge Law Journal, 2003).
Court Packing as an Antidote, 42 Cardozo L. Rev. 2705, 2705-2762 (2021)

Constitutionalism Reborn: Popular Sovereignty and Constitutional Conventions in the U.S. and U.K., 60 Columbia J. Transnational L. 132, 132-216 (2021)

Judicial Intervention in Parliamentary Affairs to Prevent a Coup d'état, 81 Maryland L. Rev. 297, 297-319 (2021)

Acontextual Constitutionalism and the Relationship between the People, Constituent Power and the State: On Nicholas Barber’s The Principles of Constitutionalism, 24 Jerusalem Review of Legal Studies 94, 94-112 (2021)

The Inherent Limits on the Override Power in the Israeli Constitution: The Story of the Override from Section 4 of Basic Law: The Knesset through Retroactive Amendments to Supra-Constitutional Principles, Grunis Book (Aharon Barak et al. eds, forthcoming 2022) [in Hebrew]

The Yuli Edelstein Decision and the History of the Balance of Power between the Knesset and the Government in Israel,44 Tel-Aviv U l. Rev. 321, 321-362 (2021) [in Hebrew]

Is the Judicial Impeachment of the Israeli Prime Minister Constitutional?, 21 Law & Gov. 49, 49-67 (2020) [in Hebrew]

The Strategic Common Law Court of Aharon Barak and its Aftermath: On Judicially-led Constitutional Revolutions and Democratic Backsliding, 14 Law and Ethics of Human Rights 227, 227-272 (2020)

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, 23 JRLS 1, 1-24 (2021)

Between Institutional Survival and Human Rights Protection: Adjudicating Landmark Cases of African Undocumented Entrants in Israel in a Comparative and International Context, 41 U. Penn. J. Int’l L. 43, 43-106 (2019) (with Tally Kritzman-Amir)

Global Constitutional Strategies to Counter-Secession, in Strategies of Secession and Counter-Secession 84, 84-99 (Ryan D Griffiths and Diego Muro eds, ECPR, 2020)

Bills of Rights with Strings Attached: Protecting Death Penalty, Slavery, Discriminatory Religious Practices and the Past from Judicial Review, in Constitutional Dialogue: Rights, Democracy, Institutions 308, 308-333 (Geoffrey Sigalet, Grégoire Webber and Rosalind Dixon eds, Cambridge U. Press 2019).

Exploring Constitutional Statutes in Common Law Systems, in Quasi-Constitutionality and Constitutional Statutes: Forms, Functions, Applications 64, 64-86 (Richard Albert & Joel I. Colón-Ríos eds., Routledge 2019)

Secession and the Prevalence of Both Militant Democracy and Eternity Clauses Worldwide, 40 Cardozo L. Rev. 905, 905-990 (2018)

On the Nexus of Eternity Clauses, Proportional Representation and Banned Political Parties, 16 Election L. J. 237, 237-246 (2017)

Election Integrity: The Constitutionality of Transitioning to Electronic Voting in Comparative Terms, in Digital Democracy in a Globalized World 142, 142-159 (Corien Prins et al. eds, Edward Elgar 2017)

Revisiting Israel’s Militant Democracy Perception, 10 Din U’Devarim 345, 345-379 (2017) [in Hebrew]

Resurrecting Legislation, 14 I*CON 518, 518-531 (2016)

United Mizrahi Bank's Twentieth Anniversary: On the Piquant Story of the Hybrid Israeli Constitution, 38 Tel-Aviv U. L. Rev. 501, 501-570 (2016) [in Hebrew]

Juxtaposing Constitution-Making and Constitutional-Infringement Mechanisms in Israel and Canada: On the Interplay between Common Law Override and Sunset Override, 49 Isr. L. Rev. 103, 103-130 (2016)

Constitutional Statutes or Overriding the Court—On Bruce Ackerman's We the People: The Civil Rights Revolution, 13 Jer. Rev. Leg. Stud. 1, 1-18 (2016)

Reviewing Continuity in Legislation, 38 Tel-Aviv U. L. Rev. 563, 563-643 (2016) [in Hebrew]

The Living-Dead, 38 Fordham Int'l L. J. 387, 387-456 (2015)

The Power of Understatement in Judicial Decisions, XXX Annuaire International de Justice Constitutionnelle 125, 125-134 (2014)

Exodus: Structuring Redemption of Captives, 36 Cardozo L. Rev. 7, 177-239 (2014)

The New Commonwealth Model of Constitutionalism Notwithstanding: On Judicial Review and Constitution-Making, 62 Am. J. Comp. L. 127, 127-169 (2014)

Judicial Review of Constitutional Transitions: War and Peace and Other Sundry Matters, 45 Vanderbilt Journal of Transnational Law 1381, 1381-1446 (2012)

Hybrid Constitutionalism: The Israeli Case for Judicial Review and Why We Should Care, 30 Berkeley J. Int’l L. 349 (2012)

Reconciling Parliamentary Sovereignty and Judicial Review: On the Theoretical and Historical Origins of the Israeli Legislative Override Power, 39 Hastings Constitutional Law Quarterly 457, 457-511 (2012)

Centennial to the Parliament Act 1911: The Manner and Form Fallacy, Public Law 105, 105-126 (2012)

Did the Lawmaker Shoot a Cannon to Hit a Fly? On Proportionality in Law, 15 Law & Business (Reichman U L Rev) 337, 337-415 (2012) [in Hebrew]

Constitutional Transitions: The Role of Lame Ducks and Caretakers, 2011 (3) Utah L. Rev. 1087, 1087-1129 (2011)

Twilight Time: On the Authority of Caretaker Governments, 13 Law & Gov 167, 167-223 (2010) [in Hebrew]

Can We Reason About Reason? On Adrian Vermeule's Law and the Limits of Reason, 2 Jer. Rev. Leg. Stud. 15, 15-31 (2010)

Book Review: Allison's The English Historical Constitution: Continuity, Change and European Effects (Cambridge university Press, 2007) 50 American Journal of Legal History 102, 102-104 (2010)

Is it the Right Revolution? On Tushnet’s The Rights Revolution in the Twentieth Century, 42 Israel Law Review 483, 483-494 (2009)

"Dicey" in The New Oxford Companion to Law (Peter Cane & Joanne Conaghan eds., September 2008)

Healing the Budget's Ills or Budgeting the Healing of the Ill--Is the Constitutional Dilemma, 6 Law & Business (Reichman U L Rev) 157, 157-196 (2007) [in Hebrew]

Shouldn't We Seek the People's Consent? On the Nexus between the Procedures of Adoption and Amendment of Israel’s Constitution, 10 Law & Government (Mishpat U’Memshal ) 449, 449-487 (2007) [in Hebrew]

Evolution vs. Revolution: Dueling Models of Dualism, 54 Am. J. Comp. L. 429, 429-479 (2006)

Declassifying the Classified, 31 Delaware Journal of Corporate Law 891, 891-956 (2006)

We the British People, Public Law 380, 380-406 (2004)
Basic Law as an Act of Constitutional Stealth

An Override Clause Will Weaken the Protection of Rights in Israel

How to Address the Israeli Constitutional Crisis

On Misuse of Constituent Authority and the Unconstitutional Constitutional Amendment

It is Preferable that the High Court of Justice Would Avoid Impeaching the Israeli Prime Minister

The Rule of Law Protects Benjamin Netanyahu

See our Shame: On an Indicted Prime Minister

On the Trinity: On an Indicted Prime Minister, a Deputy-Prime Minister and an Alternative Prime M

From Deri to Netanyahu: On the Gap between the Reasoning and Outcome of the Netanyahu Decision

Judgment Day Weapon: The Pros and Cons of the Different Paths available to Judicially Invalidate a B

The Minefield of the HCJ: Should the Court Raise a Black Flag with regard to Basic Law: the Governme

On the Nexus between the Process of Appointments of Senior Civil Service Members and the Judicial Pr

Attorney General of the State of Israel: Justice Must not only be Done, but Must also be Seen to be

Can the Judiciary Guard Democratic Transitions of Power? An Indian-Israeli Perspective

Inherent Limits on the Override Power after the Israeli Election

The Grass is Always Greener on the Other Side: Proportional Representation vs. Majoritarian Elec

The British Popular Sovereignty Model: A Play in Three Acts

We the British People Rule: From 1832 to the Present

Podcast Cardozo: Secession and the Prevalence of Both Militant Democracy and Eternity Clauses Worldw

YouTube: The True Meaning of the Barak Legacy: When Should the Israeli Supreme Court Use its Power t

Podcast Oxford: Holey Union: The Constitutional Paradox of Secession

YouTube: The Yuli Edelstein Decision: A Charged Encounter between Politics, History and Israel’s Str

YouTube Federalist Society: Court Packing, Term Limits, and More: The Debate over Reforming the Judi

YouTube: Israel’s Unfolding Democratic Crisis – Current Constitutional Challenges and Rulings Explor

YouTube: From the Deri to the Netanyahu Decisions: Past, Present and Future,

YouTube: On Judicial Impeachment of the Israeli Prime Minister

Is the Judicial Impeachment of the Israeli Prime Minister Constitutional

The Government did not Overtake the Knesset: Israel’s Legislature Needs the Court’s Confidence to Ru

YouTube: Unique Dimensions of Israel’s Struggle with Covid 19

Evolution, Revolution and Israel’s Conflicted Constitutional Identity: Israel’s Savings Clause in Co

YouTube: Judicial Intervention in Parliamentary Proceedings-the Anniversary of the Edelstein Decisio

The Canonization of the Yuli Edelstein Decision and Judicial Intervention in Parliamentary Proceedin

The Yuli Edelstein Decision Should Not Serve as a Transcript for Repeat Political Game

On Narrative and the Constitution: How to Dismantle the Override Clause?

The Size of the Majority: On Entrenchment, Override and Basic Law: Legislation

Introduction: Book Roundtable on Margit Cohn’s A Theory of the Executive Branch: Tension and Legalit

YouTube: On the Inherent Limits of the Override Power

On the Balance of Powers between the Israeli Legislature and the Government in Historical Perspectiv

Is Court Packing of the US Supreme Court Justified?

The Court’s Decision on Basic Law Nation State is a Covert Constitutional Revolution: Basic Law is D

Judicial Review of the Basic Laws: On the Legacy of Hayut (President of the Israeli Supreme Court) a

A Covert Constitutional Revolution? Is Basic Law: Israel--the Nation-State of the Jewish People Demo

The Court Should Leave the Budget Alone

YouTube: Judicial Review of the Basic Laws: On the Legacy of Hayut (President of the Israeli Supreme