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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 …
The Role Of Courts In Improving The Legislative Process, Ittai Bar-Siman-Tov
The Role Of Courts In Improving The Legislative Process, Ittai Bar-Siman-Tov
Dr. Ittai Bar-Siman-Tov
In recent years, there has been growing and widespread discontent with the state of the legislative process in many legislatures. At the same time, there is an emerging trend of courts exercising judicial review of the legislative process. Against this backdrop, this article explores the question of what can be the role of courts in efforts to improve the legislative process. The article offers a fresh perspective on the problems in the legislative process and their causes. It then develops a novel argument – that does not rest upon a cynical view of legislatures, nor on a rosy picture of …