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Full-Text Articles in Legislation
The Lives And Times Of Temporary Legislation And Sunset Clauses, Ittai Bar-Siman-Tov
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.
Executive Action And Nonaction, Tom Campbell
Executive Action And Nonaction, Tom Campbell
Tom Campbell
Action by the executive can be challenged by a party with standing, and there is usually no shortage of such parties. The executive’s failure to act, however, is much more difficult to submit to judicial scrutiny. I propose that standards for reviewing such nonaction are available under precedent of the Administrative Procedure Act, and under severability analysis. That is, a reviewing court can determine whether the executive’s failure to enforce part of a law leaves the rest of the law to operate meaningfully as Congress intended (akin to severability analysis), and APA precedent can guide courts to determine whether nonaction …