Semiprocedural Judicial Review
Bar-Ilan University Law Faculty; Columbia University - Law School
July 25, 2012
Legisprudence, Vol. 6, No. 3, December 2012
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' and 'pure substantive judicial review.'
Number of Pages in PDF File: 20
Keywords: judicial review, procedural review, substantive review, semi-procedural review, proportionality, legislative process, due process of lawmakingAccepted Paper Series
Date posted: November 20, 2012
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