Semiprocedural Judicial Review
Year: 2012
Type: article
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’.
Source: Legisprudence
Author: Ittai Bar-Siman-Tov
Institution: Bar-Ilan University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2113229552