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Legislation

Dr. Ittai Bar-Siman-Tov

Selected Works

Articles 1 - 4 of 4

Full-Text Articles in Comparative and Foreign Law

Temporary Legislation's Finest Hour?: Towards A Proper Model Of Temporary Legislation In Israel שעתן היפה של הוראות השעה?: לקראת מודל ראוי של חקיקה זמנית בישראל, Ittai Bar-Siman-Tov Dec 2017

Temporary Legislation's Finest Hour?: Towards A Proper Model Of Temporary Legislation In Israel שעתן היפה של הוראות השעה?: לקראת מודל ראוי של חקיקה זמנית בישראל, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

This article discusses a major trend in Israeli legislation in recent years: the rise of temporary legislation in Israel. The first part of the article presents a first-of-its-kind empirical study that reveals that the Knesset is increasingly using temporary legislation, which is referred to in Israel as "temporary provisions." Against this background, the main purpose of the article is normative: to propose a model for proper use of temporary legislation in Israel. After reviewing the normative debate for and against temporary legislation, the article focuses on two central questions: When is it appropriate to make use of temporary legislation; and …

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The Lives And Times Of Temporary Legislation And Sunset Clauses, Ittai Bar-Siman-Tov Dec 2016

The Lives And Times Of Temporary Legislation And Sunset Clauses, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

This review essay is a book review of Antonios Kouroutakis, The Constitutional Value of Sunset Clauses: An Historical and Normative Analysis (Routledge, 2017). The essay argues that we are in the golden age of the study of temporary legislation, and places Kouroutakis’s book within the burgeoning global scholarship on temporary legislation. The essay then discusses the book’s contributions to the study of the history of sunset clauses and to the normative and theoretical debates about temporary legislation.

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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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Semiprocedural Judicial Review, Ittai Bar-Siman-Tov Dec 2011

Semiprocedural Judicial Review, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

This Article explores a novel cross-national phenomenon: the emergence of a new judicial review model that merges procedural judicial review with substantive judicial review. While this model is not yet fully defined, it has already spurred much controversy. The Article explicates this emerging model, which it terms 'semiprocedural review,' and provides a theoretical exploration of both its justifications and its objectionable aspects. It concludes by evaluating semiprocedural review's overall justifiability and suggesting guiding principles for a more legitimate model of semiprocedural review. The Article pursues these goals through the unique perspective of juxtaposing semiprocedural review with 'pure procedural judicial review' …

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