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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 …
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 …