Yaniv Roznai
Biographic Data
| ID | 1323474 |
|---|---|
| NAME | Yaniv Roznai |
| GIVEN NAMES | Yaniv |
| FAMILY NAME | Roznai |
| SIGNATURE | ROZNAI Y |
| AFFILIATIONS | Reichman University |
| ORCID | 0000-0002-8068-1840 |
| VERIFIED | Yes |
| TOTAL WORKS | 14 |
| TOTAL CITATIONS | 18 |
| WORKS AS AUTHOR | 13 |
| WORKS AS EDITOR | 1 |
| FIRST PUBLICATION YEAR | 2013 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 3 |
The Oxford Handbook of the Israeli Constitution
This handbook is currently in development, with individual articles publishing online in advance of print publication. At this time, we cannot add information about unpublished articles in this handbook, however the table of contents will continue to grow as additional articles pass through the review process and are added to the site. Please note that the online publication date for this handbook is the date that the first article in the title w…
‘We the people’, ‘oui, the people’ and the collective body
When the First Brick falls of the Fortress of Democracy
Democracies today do not collapse all at once, in an extreme and illegal manner, but erode gradually, through a series of subtle and seemingly legal measures. This challenges traditional theories of unconstitutional constitutional amendments, which are designed to address revolutionary changes that negate core features of the constitutional order. How should courts respond when a constitutional amendment comes at the early stages of a process of …
What are We Talking About When We Talk About “Mixed Constitutions”? Towards a Typology of Constitutional Mixture
This article argues that constitutional mixture should be regarded as an inherent, inevitable feature of constitutions, and to some degree all constitutions are mixed. Thus, “mixed constitutions” should not be regarded as a distinct category of constitutions. Instead of asking whether a constitution is mixed, it might therefore be more useful to ask in which characteristics and to what extent a constitution is mixed. To demonstrate this, the arti…
Democratic Erosion, Populist Constitutionalism, and the Unconstitutional Constitutional Amendments Doctrine
The world is experiencing a crisis of constitutional democracies. Populist leaders are abusing constitutional mechanisms, such as formal procedures of constitutional change, in order to erode the democratic order. The changes are, very often, gradual, incremental, and subtle. Each constitutional change, on its own, may not necessarily amount to a serious violation of essential democratic values. Yet, when examined in the context of an ongoing pro…
From an unconstitutional constitutional amendment to an unconstitutional constitution? Lessons from Honduras
The unconstitutional constitutional amendment doctrine has emerged as a highly successful, albeit still controversial, export in comparative constitutional law. The doctrine has often been defended as protecting a delegation from the people to the political institutions that they created. Other work has noted the doctrine’s potential utility in guarding against abusive constitutionalism. In this article, we consider how these justifications fare …
Tom Ginsburg and Aziz Z. Huq
II Countries and Regions, 21 Israel
Israel A Crisis of Liberal Democracy?
Conventionality control and Amendment 95/2016
This article presents reflections on Brazilian Constitutional Amendment 95/2016, which established the New Tax Regime and consequently the ceiling of public spending in Brazil for a period of twenty years, which has serious consequences for Brazilian public services. The hypothesis defended in the study is that Amendment 95/2016 is an unconstitutional constitutional amendment, since it violates the essence of the Social State present in the origi…
Constitutional Paternalism
VRÜ Verfassung und Recht in Übersee , Seite 415 - 436
Sofia Ranchordás, Constitutional Sunsets and Experimental Legislation
Journal Article Sofia Ranchordás, Constitutional Sunsets and Experimental Legislation: A Comparative Perspective(Edward Elgar, 2014) Get access Sofia Ranchordás, Constitutional Sunsets and Experimental Legislation: A Comparative Perspective(Elgar Edward , 2014) Yaniv Roznai Yaniv Roznai *Assistant Professor, Radziner School of Law, Interdisciplinary Center (IDC), Herzliya Search for other works by this author on: Oxford Academic Google Scholar Th…
The Theory and Practice of ‘Supra-Constitutional’ Limits on Constitutional Amendments
This article examines whether there are any limitations on constitutional amendment powers that are external to the constitutional system and above it—‘supra-constitutional’ limits. It considers the theory and practice of the relationship between natural law, international law or other supranational law, and domestic constitutional law in a comparative prism. After considering the alleged supremacy of supranational law over constitutional amendme…
Unconstitutional Constitutional Amendments-The Migration and Success of a Constitutional Idea
Can a constitutional amendment be unconstitutional? Prima facie, this seems like a paradox. This vexing issue has attracted increased attention in recent years. Whereas the definition of the nature of constitutional amendment power is among the most abstract questions of constitutional theory, the question of limits on constitutional amendments is not purely of academic interest. It has practical application; the issue has already been adjudicate…
Unconstitutional Constitutional Amendments-The Migration and Success of a Constitutional Idea
Can a constitutional amendment be unconstitutional? Prima facie, this seems like a paradox. This vexing issue has attracted increased attention in recent years. Whereas the definition of the nature of constitutional amendment power is among the most abstract questions of constitutional theory, the question of limits on constitutional amendments is not purely of academic interest. It has practical application; the issue has already been adjudicate…
Conventionality control and Amendment 95/2016
This article presents reflections on Brazilian Constitutional Amendment 95/2016, which established the New Tax Regime and consequently the ceiling of public spending in Brazil for a period of twenty years, which has serious consequences for Brazilian public services. The hypothesis defended in the study is that Amendment 95/2016 is an unconstitutional constitutional amendment, since it violates the essence of the Social State present in the origi…
The Theory and Practice of ‘Supra-Constitutional’ Limits on Constitutional Amendments
This article examines whether there are any limitations on constitutional amendment powers that are external to the constitutional system and above it—‘supra-constitutional’ limits. It considers the theory and practice of the relationship between natural law, international law or other supranational law, and domestic constitutional law in a comparative prism. After considering the alleged supremacy of supranational law over constitutional amendme…
From an unconstitutional constitutional amendment to an unconstitutional constitution? Lessons from Honduras
The unconstitutional constitutional amendment doctrine has emerged as a highly successful, albeit still controversial, export in comparative constitutional law. The doctrine has often been defended as protecting a delegation from the people to the political institutions that they created. Other work has noted the doctrine’s potential utility in guarding against abusive constitutionalism. In this article, we consider how these justifications fare …
Democratic Erosion, Populist Constitutionalism, and the Unconstitutional Constitutional Amendments Doctrine
The world is experiencing a crisis of constitutional democracies. Populist leaders are abusing constitutional mechanisms, such as formal procedures of constitutional change, in order to erode the democratic order. The changes are, very often, gradual, incremental, and subtle. Each constitutional change, on its own, may not necessarily amount to a serious violation of essential democratic values. Yet, when examined in the context of an ongoing pro…
Sofia Ranchordás, Constitutional Sunsets and Experimental Legislation
Journal Article Sofia Ranchordás, Constitutional Sunsets and Experimental Legislation: A Comparative Perspective(Edward Elgar, 2014) Get access Sofia Ranchordás, Constitutional Sunsets and Experimental Legislation: A Comparative Perspective(Elgar Edward , 2014) Yaniv Roznai Yaniv Roznai *Assistant Professor, Radziner School of Law, Interdisciplinary Center (IDC), Herzliya Search for other works by this author on: Oxford Academic Google Scholar Th…
The Theory and Practice of ‘Supra-Constitutional’ Limits on Constitutional Amendments
This article examines whether there are any limitations on constitutional amendment powers that are external to the constitutional system and above it—‘supra-constitutional’ limits. It considers the theory and practice of the relationship between natural law, international law or other supranational law, and domestic constitutional law in a comparative prism. After considering the alleged supremacy of supranational law over constitutional amendme…
Unconstitutional Constitutional Amendments-The Migration and Success of a Constitutional Idea
Can a constitutional amendment be unconstitutional? Prima facie, this seems like a paradox. This vexing issue has attracted increased attention in recent years. Whereas the definition of the nature of constitutional amendment power is among the most abstract questions of constitutional theory, the question of limits on constitutional amendments is not purely of academic interest. It has practical application; the issue has already been adjudicate…
Sofia Ranchordás, Constitutional Sunsets and Experimental Legislation
Journal Article Sofia Ranchordás, Constitutional Sunsets and Experimental Legislation: A Comparative Perspective(Edward Elgar, 2014) Get access Sofia Ranchordás, Constitutional Sunsets and Experimental Legislation: A Comparative Perspective(Elgar Edward , 2014) Yaniv Roznai Yaniv Roznai *Assistant Professor, Radziner School of Law, Interdisciplinary Center (IDC), Herzliya Search for other works by this author on: Oxford Academic Google Scholar Th…
II Countries and Regions, 21 Israel
Israel A Crisis of Liberal Democracy?
Conventionality control and Amendment 95/2016
This article presents reflections on Brazilian Constitutional Amendment 95/2016, which established the New Tax Regime and consequently the ceiling of public spending in Brazil for a period of twenty years, which has serious consequences for Brazilian public services. The hypothesis defended in the study is that Amendment 95/2016 is an unconstitutional constitutional amendment, since it violates the essence of the Social State present in the origi…
Constitutional Paternalism
VRÜ Verfassung und Recht in Übersee , Seite 415 - 436
From an unconstitutional constitutional amendment to an unconstitutional constitution? Lessons from Honduras
The unconstitutional constitutional amendment doctrine has emerged as a highly successful, albeit still controversial, export in comparative constitutional law. The doctrine has often been defended as protecting a delegation from the people to the political institutions that they created. Other work has noted the doctrine’s potential utility in guarding against abusive constitutionalism. In this article, we consider how these justifications fare …
Tom Ginsburg and Aziz Z. Huq
Democratic Erosion, Populist Constitutionalism, and the Unconstitutional Constitutional Amendments Doctrine
The world is experiencing a crisis of constitutional democracies. Populist leaders are abusing constitutional mechanisms, such as formal procedures of constitutional change, in order to erode the democratic order. The changes are, very often, gradual, incremental, and subtle. Each constitutional change, on its own, may not necessarily amount to a serious violation of essential democratic values. Yet, when examined in the context of an ongoing pro…
What are We Talking About When We Talk About “Mixed Constitutions”? Towards a Typology of Constitutional Mixture
This article argues that constitutional mixture should be regarded as an inherent, inevitable feature of constitutions, and to some degree all constitutions are mixed. Thus, “mixed constitutions” should not be regarded as a distinct category of constitutions. Instead of asking whether a constitution is mixed, it might therefore be more useful to ask in which characteristics and to what extent a constitution is mixed. To demonstrate this, the arti…
When the First Brick falls of the Fortress of Democracy
Democracies today do not collapse all at once, in an extreme and illegal manner, but erode gradually, through a series of subtle and seemingly legal measures. This challenges traditional theories of unconstitutional constitutional amendments, which are designed to address revolutionary changes that negate core features of the constitutional order. How should courts respond when a constitutional amendment comes at the early stages of a process of …
The Oxford Handbook of the Israeli Constitution
This handbook is currently in development, with individual articles publishing online in advance of print publication. At this time, we cannot add information about unpublished articles in this handbook, however the table of contents will continue to grow as additional articles pass through the review process and are added to the site. Please note that the online publication date for this handbook is the date that the first article in the title w…
‘We the people’, ‘oui, the people’ and the collective body
Law (13 works) · Political science (13 works) · Constitutional law (8 works) · Sociology (8 works) · Constitution (7 works) · Judicial and Constitutional Studies (7 works) · Law (7 works) · Politics (7 works) · Democracy (6 works) · Comparative constitutional jurisprudence studies (4 works)