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Full-Text Articles in 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 …


דיני החקיקה (The Law Of Lawmaking), Ittai Bar-Siman-Tov Jan 2016

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 …


Temporary Legislation, Better Regulation And Experimentalist Governance: An Empirical Study, Ittai Bar-Siman-Tov Dec 2015

Temporary Legislation, Better Regulation And Experimentalist Governance: An Empirical Study, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

This article presents the findings of an extensive multi-method empirical study that explored the relationship between temporary legislation, better regulation, and experimentalist governance. Temporary (or “sunset”) legislation, statutory provisions enacted for a limited time and set to expire unless their validity is extended, is often hailed as a key tool for promoting experimental and better regulation. Despite the importance of temporary legislation and the burgeoning theoretical scholarship on the subject, there is still a dearth of empirical studies about how temporary legislation is used in practice. The lack of empirical evidence creates a lacuna in at least three areas of …