The Coproduction of Primary and Secondary Legislation: Israel as a Case Study of Substitutive Relationships

26 Pages Posted: 28 May 2020

See all articles by Nir Kosti

Nir Kosti

affiliation not provided to SSRN

David Levi‐Faur

Hebrew University of Jerusalem - Political Science Department and The Federmann School of Public Policy and Government & School of Public Policy

Date Written: October 2019

Abstract

Much has been written since the early 1980s about the costs of regulation and the various ways to curb them, but thus far no one has examined empirically the rise or decline of other forms of legislation, mainly primary legislation, in the context of the “war on regulation.” This article examines the extent to which the decline in the rate of production of secondary legislation in Israel since 1985 has been driven by changes in the rate of production of primary legislation. Using an original longitudinal data set, we count, codify various dimensions, and compare the type and length of primary and secondary legislations and the number of delegated provisions that primary legislations contain. We find that the relationship between primary and secondary legislation is not hierarchic, as one might have expected, but has become partially substitutive. The decline in the rate of production of secondary legislation in Israel is, perhaps paradoxically, associated with the rise of primary legislation. This opens a new research agenda on the relationships between primary and secondary legislation that goes well beyond the Israeli case.

Suggested Citation

Kosti, Nir and Levi-Faur, David, The Coproduction of Primary and Secondary Legislation: Israel as a Case Study of Substitutive Relationships (October 2019). Law & Policy, Vol. 41, Issue 4, pp. 432-457, 2019, Available at SSRN: https://ssrn.com/abstract=3613137 or http://dx.doi.org/10.1111/lapo.12138

Nir Kosti

affiliation not provided to SSRN

David Levi-Faur (Contact Author)

Hebrew University of Jerusalem - Political Science Department and The Federmann School of Public Policy and Government & School of Public Policy ( email )

Mount Scopus
Jerusalem
Israel

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