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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 …
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 …
Procedural Review And Substantive Review: Can The Two Be Combined? Towards A Semiprocedural Model In Israel ביקורת שיפוטית תוכנית וביקורת שיפוטית הליכית: הילכו שניים יחדיו? לקראת מודל סמי-פרוצדורלי בישראל, Ittai Bar-Siman-Tov
Dr. Ittai Bar-Siman-Tov
This article argues for the development of a semi-procedural model of judicial review in Israel. The semi-procedural model merges substantive judicial review, in which courts examine the constitutionality of the law’s content, and procedural judicial review, in which courts examine the law’s enactment process.
The article makes five main contributions to the study of judicial review models. First, the article develops the conceptual and theoretical understanding of the semi-procedural model and its differences from the two other models of judicial review. Second, the article analyzes the development of the semi-procedural model around the world. Third, the article reveals the ambivalent …