PhD Student Directory
Yaniv Roznai

Email: y.roznai@lse.ac.uk

Thesis Title: ' "Unconstitutional Constitutional Amendments" - A Theoretical and Comparative Study of the Constitutional Amendment Power and its Limits' [title tbc]

Supervisors: Professor Martin Loughlin and Dr Thomas Poole

Research Interests: Comparative Constitutional Law; Constitutional Theory; International and Constitutional Protection of Human Rights; International Law of Armed Conflicts.

Recent Publications

‘A Bird is Known by its Feathers’ – On The Importance and Complexities of Definitions in Legislation, THEORY AND PRACTICE OF LEGISLATION (former LEGISPRUDENCE) (forthcoming 2014).

The Insecurity of Human Security, 31(4) WISCONSIN INTERNATIONAL LAW JOURNAL (forthcoming 2014).

Legisprudence Limitations on Constitutional Amendments? Reflections on the Czech Constitutional Court’s Declaration of Unconstitutional Constitutional Act, 7 VIENNA JOURNAL ON INTERNATIONAL CONSTITUTIONAL LAW 29-57 (2014).

The United Nations Human Rights Council and Israel: ‘Sour Old Wine in a New Bottle’?, 5 HUMAN RIGHTS & GLOBALIZATION LAW REVIEW (forthcoming 2014) (with Ido Tzang).

Human Security: An Illusion or a Real Paradigm Shift in the International Discourse?, 10 ONO ACADEMIC COLLEGE LAW REVIEW 213-263 (2014) [Hebrew].

When the Legislature says “Fish” – What does He Mean? On The Importance and Complexities of Definitions in Legislation, 2012 5(1-2) ISRAEL STUDIES IN LANGUAGE & SOCIETY 106-127(2014) [Hebrew].

Book Review: C. Harvey and A. Schwartz (eds.) Rights in Divided Societies, Hart Publishing, 2012, PUBLIC LAW 153-157 (Sep. 2013).

Carlos Bernal-Pulido & Yaniv Roznai, Article Review/Response, Unconstitutional Constitutional Amendments in the Case Study of Colombia, INT’L J. CONST. L. BLOG, October 17, 2013.

Unconstitutional Constitutional Amendments – The Migration and Success of a Constitutional Idea, 61(3) AMERICAN JOURNAL OF COMPARATIVE LAW 657-719 (2013).

The Theory and Practice of ‘Supra-Constitutional’ Limits on Constitutional Amendments, 62(3) INTERNATIONAL & COMPARATIVE LAW QUARTERLY (ICLQ) 557-597 (2013).

Revolutionary Lawyering? On Lawyers’ Social Responsibility and Roles during a Democratic Revolution, 22(2) SOUTHERN CALIFORNIA INTERDISCIPLINARY LAW JOURNAL 353-384 (2013).

“Cracking the Nuke” in the Legal Field: An Israeli Attack on Iran’s Nuclear Facilities from an International Law Perspective, 6 SHAAREI MISHPAT LAW REVIEW 221-292 (2013) [Hebrew].

Law ‘Wants to be Free’: Publication of Legislation in the Internet Era, 52(1) HAPRAKLIT LAW REVIEW (ISRAELI BAR ASSOC. LAW REVIEW) 235-308 (2013) [Hebrew].

Book Review: Alona Hagay-Frey, Sex and Gender Crimes in the New International Law, Martinus Nijhoff, 2011, 2 INTERNATIONAL HUMAN RIGHTS LAW REVIEW 193-199 (2013).

The Migration of the Indian Basic Structure Doctrine, in JUDICIAL ACTIVISM IN INDIA - A FESTSCHRIFT IN HONOUR OF JUSTICE V. R. KRISHNA IYER 240-262 (Malik Lokendra ed., Universal Law Publishing Co., 2012).

An Unconstitutional Constitutional Amendment - The Turkish Perspective: A Comment on the Turkish Constitutional Court’s Headscarf Decision, 10(1) INTERNATIONAL JOURNAL OF CONSTITUTIONAL LAW (I-Con) 175-207 (2012) (with Serkan Yolcu).

The Basic Laws on Human Rights and the Legislative Process in the Knesset – You’ve got to Practice what you Preach?, 4 IDC LAW REVIEW - LAW & THE MAN: FESTSCHRIFT FOR AMNON RUBINSTEIN 199-259 (2012) [Hebrew].

Book Review: Dawn Oliver, Carlo Fusaro eds., How Constitutions Change: A Comparative Study, Hart Publishing, 2011, 75(5) THE MODERN LAW REVIEW 945-950 (2012).

Human Shields in Modern Armed Conflicts: The Need for a Proportionate Proportionality, 22(1) STANFORD LAW & POLICY REVIEW 93-127 (2011) (with Amnon Rubinstein).

Book Review: Zachary Elkins, Tom Ginsburg and James Melton, The Endurance of National Constitutions (Cambridge University Press, 2009), 74(4) THE MODERN LAW REVIEW 647-651 (2011).

Let the Caroline Sink! Assessing the Legality of a Possible Israeli Attack on Iranian Nuclear Facilities and Why the Traditional Self-Defense Formula Is Incompatible with the Nuclear Age, 18(2) THE CALIFORNIA INTERNATIONAL LAW JOURNAL 18-34 (2010).

Retroactivity – Not Only a Matter of Time! Thoughts on Analyzing Retroactive Legislation Following Genis, 9 IDC LAW REVIEW 395-458 (2008) [HEBREW].
 

Recent Conference Papers

 We the Limited People? Comparative and Theoretical Perspectives on Judicial Review of Constitutional Amendments

  • EDINBURGH CONSTITUTIONAL LAW DISCUSSION GROUP - PHD DIALOGUE: ‘EXPLORING THE ETERNAL CONSTITUTION: PERSPECTIVES ON CONSTITUTIONAL ENTRENCHMENT’ (The University of Edinburgh, 5 February 2014).

When the Legislature says “Fish” – What does He Mean? On The Importance and Complexities of Definitions in Legislation

  • LANGUAGE AND LAW IN ISRAEL (Academic College Netanya, 9 January 2014).

Cracking the Nuke in the Legal Field: An Israeli Attack on Iran’s Nuclear Facilities from an International Law Perspectiv

  • THE JOINT INTERNATIONAL HUMANITARIAN LAW (IHL) FORUM OF ALMA AND THE INTERDISCIPLINARY CENTER (IDC) HERZLIYA (IDC, 30 OCTOBER 2013).

The Theory and Practice of Supra-Constitutional Limits on Constitutional Amendments

  • LAW IN A CHANGING TRANSNATIONAL WORLD (Tel Aviv University, 30 October 2013).
  • THE 3RD ANNUAL WORKSHOP ON INTERNATIONAL AND COMPARATIVE LAW (Washington University, St. Louis, 02 March 2013).

Revolutionary Lawyering? On The Social Responsibility of Lawyers in a Democratic Revolution

  • QUEEN MARY UNIVERSITY OF LONDON, POSTGRADUATE LEGAL RESEARCH CONFERENCE 2013 (Queen Mary University of London, 6 June 2013).
  • 9TH INTERNATIONAL GRADUATE STUDENT CONFERENCE (Cornell University, 12 April 2013).

Unconstitutional Constitutional Amendments – The Migration and Success of a Constitutional Ide

  • THE 2013 LAW AND SOCIETY ANNUAL CONFERENCE (BOSTON, 31 May 2013)
  • THE 2012 LOYOLA ANNUAL CONSTITUTIONAL LAW COLLOQUIUM (Loyola Chicago, 03 November 2012).

Implicit Limits on the Constitutional Amendment Powe

  • 2ND AMERICAN SOCIETY OF COMPARATIVE LAW YOUNGER COMPARATIVISTS COMMITTEE CONFERENCE (Indiana University, 19 April 2013).

‘Unamendable Provisions’ as Means for Building Constitutional Identity/Solidarity

  • HAIFA FACULTY OF LAW STAFF SEMINAR (University of Haifa, 7 January 2014).
  • 2013 EDINBURGH POSTGRADUATE LAW CONFERENCE (The University of Edinburgh, 2 December 2013).
  • 2012 YALE LAW SCHOOL DOCTORAL SCHOLARSHIP CONFERENCE (Yale, 30 November 2012).

The United Nations Human Rights Council and Israel: ‘Sour Old Wine in a New Bottle?’

  • PERSPECTIVES ON JUSTICE & HUMAN RIGHTS (Southern New Hampshire University, 19 September 2012).
  • BEYOND THE LAW: CRITICAL REFLECTIONS ON INTERNATIONAL HUMAN RIGHTS LAW & POLICY 2012 (Griffith College Cork, 8 June 2012).
  • CREIGHTON UNIVERSITY PUBLIC INTERNATIONAL LAW & FOREIGN AFFAIRS CONFERENCE (Creighton University, 30 March 2012).

Limitations on the Constitutional Amendment Power

  • ATLAS AGORA PHD WORKSHOP (Bar-Ilan University, 26 June 2012).

Explicit Limits upon the Constitutional Amendment Power

  • AMERICAN SOCIETY FOR COMPARATIVE LAW ANNUAL WORKS-IN-PROGRESS WORKSHOP (Princeton University, 11 February 2012).

Human Shields in Modern Armed Conflicts: The Need for a Proportionate Proportionality

  • STANFORD LAW & POLICY DEFENSE POLICY SYMPOSIUM (Stanford University, 22 January 2011).

 

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