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Law and Politics

Dr. Ittai Bar-Siman-Tov

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דיני החקיקה (The Law Of Lawmaking), Ittai Bar-Siman-Tov Jan 2016

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 …

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Mending The Legislative Process – The Preliminaries, Ittai Bar-Siman-Tov Nov 2015

Mending The Legislative Process – The Preliminaries, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

This essay offers a substantive introduction to the special issue on mending the legislative process. Discontent with the legislative process seems to be pervasive. But how could we move from the widely-shared lament that the lawmaking process is broken to thinking on ways to mend it? This essay sketches the requisite preliminaries for answering this question. It outlines ways to approach the problems with the contemporary legislative process and to think about solutions in a systematic way, and introduces the contributions in this issue.

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Lawmakers As Lawbreakers, Ittai Bar-Siman-Tov Nov 2010

Lawmakers As Lawbreakers, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

How would Congress act in a world without judicial review? Canlawmakers be trusted to police themselves? This Article examinesCongress’s capacity and incentives to enforce upon itself “the law ofcongressional lawmaking”—a largely overlooked body of law that iscompletely insulated from judicial enforcement. The Article exploresthe political safeguards that may motivate lawmakers to engage inself-policing and rule-following behavior. It identifies the majorpolitical safeguards that can be garnered from the relevant legal,political science, political economy, and social psychology scholarship,and evaluates each safeguard by drawing on a combination oftheoretical, empirical, and descriptive studies about Congress. TheArticle’s main argument is that the political safeguards that …

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