Semiprocedural Judicial Review

Legisprudence, Vol. 6, No. 3, December 2012

20 Pages Posted: 20 Nov 2012  

Ittai Bar-Siman-Tov

Bar-Ilan University Law Faculty

Date Written: July 25, 2012

Abstract

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.'

Keywords: judicial review, procedural review, substantive review, semi-procedural review, proportionality, legislative process, due process of lawmaking

Suggested Citation

Bar-Siman-Tov, Ittai, Semiprocedural Judicial Review (July 25, 2012). Legisprudence, Vol. 6, No. 3, December 2012. Available at SSRN: https://ssrn.com/abstract=2177877

Ittai Bar-Siman-Tov (Contact Author)

Bar-Ilan University Law Faculty ( email )

Faculty of Law
Ramat Gan, 52900
Israel
972-3-7387071 (Phone)
972-3-7384096 (Fax)

HOME PAGE: http://law.biu.ac.il/en/node/1726#tabs-tabset-1

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