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Articles 1 - 3 of 3
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The Dual Meaning Of Evidence-Based Judicial Review Of Legislation, Ittai Bar-Siman-Tov
The Dual Meaning Of Evidence-Based Judicial Review Of Legislation, Ittai Bar-Siman-Tov
Dr. Ittai Bar-Siman-Tov
This article contributes to the nascent debate about the globally emerging, yet largely undefined, phenomenon of evidence-based judicial review of legislation, by offering a novel conceptualization of evidence-based judicial review.
It argues that evidence-based judicial review can have two related, but very different, meanings: one in which the judicial decision determining constitutionality of legislation is a product of independent judicial evidence-based decision-making; and the other in which the judicial decision on constitutionality of legislation focuses on evidence about the question of whether the legislation was a product of legislative evidence-based decision-making.
The article then employs this novel insight about the …
דיני החקיקה (The Law Of Lawmaking), Ittai Bar-Siman-Tov
דיני החקיקה (The Law Of Lawmaking), Ittai Bar-Siman-Tov
Dr. Ittai Bar-Siman-Tov
This Article explores the "law of lawmaking" – the body of rules that govern the legislative process in Parliament. It argues that this body of law, which received very little attention in legal scholarship, has great practical and normative importance. The Article develops the theoretical and normative thinking about the law of lawmaking by focusing on the question of what are (and should be) the aims of this body of law. It argues that the law of lawmaking should serve six main purposes: (1) organizing legislative activity and decision-making; (2) increasing the efficiency of the legislative process; (3) providing clear …
Temporary Legislation, Better Regulation And Experimentalist Governance: An Empirical Study, Ittai Bar-Siman-Tov
Temporary Legislation, Better Regulation And Experimentalist Governance: An Empirical Study, Ittai Bar-Siman-Tov
Dr. Ittai Bar-Siman-Tov
This article presents the findings of an extensive multi-method empirical study that explored the relationship between temporary legislation, better regulation, and experimentalist governance. Temporary (or “sunset”) legislation, statutory provisions enacted for a limited time and set to expire unless their validity is extended, is often hailed as a key tool for promoting experimental and better regulation. Despite the importance of temporary legislation and the burgeoning theoretical scholarship on the subject, there is still a dearth of empirical studies about how temporary legislation is used in practice. The lack of empirical evidence creates a lacuna in at least three areas of …