case, there were two opinions that were expressed, one by Chief Justice Shamgar and the other by Justice Barak. Justice Shamgar held that the Knes-set was sovereign and had power to create a Basic Law of this nature. Justice Barak said that the original Knesset was a constituent assembly empowered to formulate a constitution, that this power of being a constituent assembly was passed on to each of the subsequent Knessets, and that they were, therefore, able to adopt the Basic Laws.

On February 24, 1803, the United States Supreme Court handed down one of the most important decisions in American constitutional history. The decision, Marbury v. Madison, 5 U.S. 137, greatly clarified the division of the three branches of gov-ernment: legislative, execu...

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