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Public Law and Legal Theory

Dr. Ittai Bar-Siman-Tov

Limits of legislation

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Legisprudence And The Limits Of Legislation תורת החקיקה וגבולות החקיקה, Ittai Bar-Siman-Tov Dec 2017

Legisprudence And The Limits Of Legislation תורת החקיקה וגבולות החקיקה, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

This article serves two main purposes. The first is to develop the discussion on legisprudence (legislation theory) in legal scholarship in Israel. Hence, the first part of the Article defines the field, describes its development, discusses its main areas of research, and proposes avenues for future research.
The second purpose of the Article is to explore, both conceptually and normatively, the connection between legisprudence and the limits of legislation. The Article challenges the view that the purpose of legisprudence is not to limit legislation, but rather only to promote better lawmaking and the effectiveness of legislation. The Article argues that …