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Article
Semiprocedural Judicial Review
Legisprudence (2012)
  • Ittai Bar-Siman-Tov
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
Publication Date
2012
Publisher Statement
This is the pre-peer reviewed version of the article. The final version was published at 6(3) LEGISPRUDENCE 271 (Dec. 2012)
Citation Information
Ittai Bar-Siman-Tov. "Semiprocedural Judicial Review" Legisprudence Vol. 6 Iss. 3 (2012)
Available at: http://works.bepress.com/ittai_bar-siman-tov/4/