Israel Law Review

ISRAEL LAW REVIEW The Minerva Center for Human Rights Faculty of Law, The Hebrew University of Jerusalem Volume 44 Number 3 2011 UNCONSTITUTIONAL CONStlTUTIONAL AMENDMENTS Introduction Claude Klein Unconstitutional Constitutional Amendments Aharon Barak External Review of Constitutional Amendments? International Law as a Norm of Reference Lech Gaiiicki and Zofia A. Gariicki Old and Protected? On the "SuprarConstitutional" Clause in the Constitution of Norway Eivihd Smith The Language of Eternity: Judicial Review of the Amending Power in France (or the Absence Thereof) Denis Baranger The Implications Of "Eternity Clauses": The German Experience Ulrich K. Preuss The Challenge of Reconciling Constitutional Eternity Clauses with Popular Sovereignty^ Toward Three-Track Democracy in Israel as a Universal Holistic Constitutional System and Theory Sharon Weintal THE LIONEL COHEN LECTURE The Judiciary and the Media The Rt Hon The Lord Judge Downloaded from https://www.cambridge.org/core. IP address: 170.106.34.90, on 01 Oct 2021 at 23:25:46, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0021223700018069 ISRAEL LAW REVIEW Volume 44 Number 3 2011 UNCONSTITUTIONAL CONSTITUTIONAL AMENDMENTS Introduction Claude Klein 318 Unconstitutional Constitutional Amendments Aharon Barak 321 External Review of Constitutional Amendments? International Law as a Norm of Reference Lech Garlicki and Zofia A. Garlicki 343 Old and Protected? On the "Supra-Constitutional" Clause in the Constitution of Norway Eivind Smith 369 The Language of Eternity: Judicial Review of the Amending Power in France (or the Absence Thereof) Denis Baranger 389 The Implications of "Eternity Clauses": The German Experience Ulrich K. Preuss 429 The Challenge of Reconciling Constitutional Eternity Clauses with Popular Sovereignty: Toward Three-Track Democracy in Israel as a Universal Holistic Constitutional System and Theory Sharon Weintal 449 THE LIONEL COHEN LECTURE The Judiciary and the Media The Rt Hon The Lord Judge 499 Downloaded from https://www.cambridge.org/core. IP address: 170.106.34.90, on 01 Oct 2021 at 23:25:46, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0021223700018069 ISRAEL LAW REVIEW Volume 44 Number 3 2011 BOARD OF EDITORS SIR NIGEL RODLEY YUVAL SHANY Editors-in-Chief CLAUDE KLEIN Guest Editor DANNY EVRON YAEL RONEN DANIEL STEPHENS Executive Editor Academic Editor Production Editor STUDENT EDITORS HAIM ABRAHAM LITAL CASPER YAEL NAGGAN MORAN ALRIAMI GALIT HELLER RIMONE RABINOVITCH JOSH HERSCH ASAF LUBIN INTERNATIONAL ADVISORY BOARD PROF. AHARON BARAK (Former President of the Israeli Supreme Court) PROF. DAPHNE BARAK-EREZ (Tel Aviv University) PROF. ANTONIO CASSESEt (Florence University) PROF. MALCOLM FEELEY (University of California, Berkeley) PROF. JOCHEN FROWEIN (Max Planck Institute for Comparative Public Law and International Law, Heidelberg) PROF. FRANCOISE HAMPSON (University of Essex) PROF. VlCKI JACKSON (Harvard University) PROF. MICHAEL KARAYANNI (Hebrew University of Jerusalem) PROF. ECKART KLEIN (Potsdam University) PROF. MORDECHAI KREMNITZER (Hebrew University of Jerusalem) PROF. DAVID KRETZMER (Hebrew University of Jerusalem) PROF. FIONNUALA NI-AOLAIN (University of Minnesota and University of Ulster) PROF. FRANCES RADAY (College of Management Academic Studies, Rishon leZion) PROF. WILLIAM SCHABAS (Middlesex University, London; National University, Ireland) PROF. MALCOLM SHAW (Leicester University) PROF. HENRY STEINER (Harvard University) Downloaded from https://www.cambridge.org/core. IP address: 170.106.34.90, on 01 Oct 2021 at 23:25:46, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0021223700018069 ISRAEL LAW REVIEW The Israel Law Review is the oldest and most acclaimed Israeli law journal published in English. Since its establishment in 1966 by the Law Faculty at the Hebrew University of Jerusalem, the Israel Law Review has served as a leading source of legal scholarship on Israeli law and on issues relevant to Israeli society. As of 2009, the Israel Law Review is published under the auspices and management of the Hebrew University of Jerusalem's Minerva Center for Human Rights. Under this new stewardship, it focuses on scholarship in the fields of human rights, public law and international law and examines the application of legal norms under conditions of conflict and political uncertainty, highlighting the relevance of the Israeli experience in these fields to other parts of the world and that of other societies to Israel. The Israel Law Review is peer-reviewed and presently indexed in major data- bases and abstracting services including Lexis, Hein, and EBSCO. ACKNOWLEDGEMENTS The Israel Law Review gratefully acknowledges the very generous financial assistance provided by the P.E.F. Israel Endowment Funds, in memory of the funds' founder and first president, Judge Julian W. Mack and by the permanent endowment fund established by Abraham D. Slavitt of Norwalk, Connecticut, U.S.A., in memory of his beloved wife, Jennie A. Slavitt. The Israel Law Review gratefully acknowledges the financial assistance of the Faculty of Law, the Hebrew University of Jerusalem. The Minerva Center for Human Rights at the Hebrew University of Jerusalem gratefully acknowledges the financial assistance provided by the Minerva Foundation for the publication of the Israel Law Review. This issue contains articles presented at the International Association of Constitutional Law (IACL) Round Table on "Unconstitutional Constitutional Amendments," which took place at the Hebrew University of Jerusalem on April 25-26, 2010. SUBMISSIONS The Israel Law Review accepts unsolicited articles for submission. Please follow the submission guidelines available at http://law.huji.ac.il/eng/pirsumim.asp?cat=741&in=735. SUBSCRIPTION The Israel Law Review is issued three times annually. From Volume 45 onwards, it will be published by Cambridge University Press. Please address subscription enquiries to [email protected] (U.K., Europe, and Rest of the World) or [email protected] (U.S., Canada, and Mexico). DISCLAIMER The opinions expressed in articles are those of the signed authors and do not necessarily reflect the views of the Hebrew University of Jerusalem or of the Israel Law Review. COPYRIGHT All rights reserved. Permission to reproduce articles should be obtained through the Israel Law Review. CONTACT Israel Law Review The Minerva Center for Human Rights Faculty of Law, Hebrew University of Jerusalem Mount Scopus, Jerusalem 91905, Israel Tel:+972-2-5881156 Fax: +972-2-5819371 [email protected] http://law.huji. ac.il/eng/pirsumim.asp?cat=735 ISSN 0021-2237 Downloaded from https://www.cambridge.org/core. IP address: 170.106.34.90, on 01 Oct 2021 at 23:25:46, subject to the Cambridge Core terms of use, available at https://www.cambridge.org/core/terms. https://doi.org/10.1017/S0021223700018069.

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