Introduction

Abstract

The question discussed in the articles published in this issue of the Israel Law Review is not really new. In 1978, published an article in this review dealing with the issue. At that time, it looked much more like an academic question with very few potential practical consequences. The reason for this is clear. It was like the discussions that took place in European countries a century ago regarding judicial review (of legislation). Even those who favored it were not able to consider any form of implementation. In the absence of an established principle of judicial review, the problem looked purely theoretical. Later, after World War II, judicial review of legislation became very fashionable and conquered almost all modern occidental democracies. The question arising now is whether we can expect a similar development as regards the validity and efficacy of eternity clauses. On the one hand, there is a growing number of eternity clauses; on the other hand, we have witnessed an extraordinary development in the field of judicial review, which is the result of the general growth of judicial activism in all countries. In other words, two parallel trends are coming increasingly close to one another and will certainly give rise to a new chapter in constitutional theory and practice.In April 2010, the International Association of Constitutional Law (I ACL) held one of its two annual round tables in Jerusalem. Entitled “Unconstitutional Constitutional Amendments,” it was devoted to the issue of constitutional review. In this issue of the Israel Law Review, we present some of the papers presented at the round table by experts from various countries.