The Role of Courts in Improving the Legislative Process

3(3) The Theory and Practice of Legislation, Dec. 2015)

16 Pages Posted: 10 Feb 2016

Date Written: February 8, 2016

Abstract

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 courts – to support the view that judicial review of the legislative process can contribute to improving the legislative process.

Keywords: Legislative process, legislative procedure, judicial review of the legislative process, due process of lawmaking, judicial review, courts, impact of judicial review

Suggested Citation

Bar-Siman-Tov, Ittai, The Role of Courts in Improving the Legislative Process (February 8, 2016). 3(3) The Theory and Practice of Legislation, Dec. 2015). Available at SSRN: https://ssrn.com/abstract=2729482

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

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
125
Abstract Views
739
rank
242,223
PlumX Metrics