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The Israeli High Court Of Justice During The Covid-19 Crisis: The Model Of Continuous Judicial Review, Yoav Dotan

Georgia Law Review

In this Article, I seek to review the reaction of the Israeli High Court of Justice (HCJ) to the social and political pressures created by the spread of the virus in Israel amidst a constitutional crisis that Israel went through during 2020- 2021. The HCJ is regarded by many as a strong and interventionist judicial institution. Often, critics argue that the degree of supervision exerted by the HCJ over both the Israeli bureaucracy and the political branches goes way beyond the traditional role of the judiciary, as envisioned by theorists of judicial review. My aim is to use this analysis …

Diverse Holdings And Diversified Holdings: Uncertainty In Georgia’S Procedure For Seeking Judicial Review Of Rezoning Decisions, Laura E. Nelson

Georgia Law Review

To determine the proper procedure by which landowners
may seek judicial review of adverse decisions on rezoning
applications, Georgia courts must consider the nature of
rezoning decisions. For decades, the courts have held—with
little explanation—that rezoning decisions are legislative acts
subject to de novo review. Then, in the 2017 case Diversified
Holdings, LLP v. City of Suwanee, the Georgia Supreme
Court classified rezoning decisions as adjudicative acts that
may only be reviewed by writ of certiorari. Because the court
did not explicitly overturn the decades of precedent classifying
rezoning decisions as legislative acts, however, the nature of
rezoning decisions—and thus …

Constitutional Preservation And The Judicial Review Of Partisan Gerrymanders, Edward B. Foley

Georgia Law Review

This Essay makes three contributions to the debate
over whether the Constitution contains a judicially
enforceable constrain on gerrymanders. First,it directly
tackles the Chief Justice'sfear of thejudiciaryappearing
partisan,observing that the same fear would exist if the
Constitution explicitly banned gerrymanders and
explaining why an implicit ban should be no less
judicially enforceable than an explicit ban under
Marbury v. Madison. Second, invoking the idea of
"institutional forbearance" in the important new book
How Democracies Die, the Essay shows how the
Elections Clause can be construed to protect
congressional districting from abuses of legislative
discretion committed by state legislatures. Together,
these …

Congressional End-Run: The Ignored Constraint On Judicial Review, Luke M. Milligan

Georgia Law Review

This Article identifies an untended connection between
the research of legal academics and political scientists. It
explains how recent developments in constitutional theory,
when read in good light, expose a gap in the judicial
politics literature on Supreme Court decision making. The
gap is the "congressional end-run."
End-runs occur when Congress mitigates the policy cost
of adverse judicial review through neither formal limits on
the Court's autonomy nor substitution of its constitutional

interpretationfor that of the Court, but through a different
decision which cannot, as a practical if not legal matter,
be invalidated by the Court. End-runs come in several …