Abstract
This article presents the findings of an extensive multi-method empirical study that explored the relationship between temporary legislation, better regulation, and experimentalist governance. Temporary (or “sunset”) legislation – statutory provisions enacted for a limited time and set to expire unless their validity is extended – is often hailed as a key tool for promoting experimental and better regulation. Despite the importance of temporary legislation and the burgeoning theoretical scholarship on the subject, there is still a dearth of empirical studies about how temporary legislation is used in practice. The lack of empirical evidence creates a lacuna in at least three areas of theoretical scholarship, concerning temporary legislation, better regulation, and experimentalist governance. This paper is a first step to fill this gap.
| Original language | English |
|---|---|
| Pages (from-to) | 192-219 |
| Number of pages | 28 |
| Journal | Regulation and Governance |
| Volume | 12 |
| Issue number | 2 |
| DOIs | |
| State | Published - Jun 2018 |
Bibliographical note
Publisher Copyright:© 2017 John Wiley & Sons Australia, Ltd
Funding
Earlier drafts of this paper were awarded the Giandomenico Majone Prize by the European Consortium for Political Research’s Standing Group on Regulatory Governance, and the Gorney Prize by the Israeli Association of Public Law. Earlier drafts were presented at the ECPR Regulation & Governance Conference at Tilburg University; the International Society of Public Law (ICON·S) Conference at Humboldt University Berlin; the International Research Workshop on Experimenting across Scales held at Bar-Ilan, Tel-Aviv and the Open Universities; the Workshop on Empirical Legal Studies at the Institute of Advanced Judicial Studies; the Empirical Legal Research Workshop at Tel-Aviv University Law Faculty & Bar-Ilan University Law Faculty; the Public Law Workshop at the Hebrew University of Jerusalem; Israel’s Junior Faculty Law Workshop; and the Legal Writing Workshop at Bar-Ilan University Law Faculty. I thank the participants of these conferences, the editors of Regulation & Governance and the five anonymous reviewers, as well as Ariel Bendor, Yishai Blank, Yuval Feldman, Miriam Hartlapp, Christel Koop, David Levi-Faur, Vanessa Mak, Barak Medina, Oren Perez, and Colin Provost for insightful comments on previous drafts. I am also indebted to my friends at the Knesset Legal Department, Daphna Barnai, Gali Ben-Or, and Merav Israeli, for helpful conversations and suggestions, and to Daniel Greenberg, Sofia Ranchordás, Robert van Gestel, Sylvia Veit, and Helen Xanthaki for kindly sharing materials on temporary legislation in their jurisdictions. I thank Gal Ben Haim and Gabriel Lanyi for excellent editing and proofing. Last but not least, I am greatly indebted to my dedicated research assistants, Gaya Harari and Daniel Shtauber, for exemplary work, and to my students in the Legislative Process in Action Workshop at Bar-Ilan University. I gratefully acknowledge the financial support of the Minerva Center for the Rule of Law under Extreme conditions, Faculty of Law and Department of Geography and Environmental Studies, University of Haifa.
| Funders |
|---|
| Minerva Center for the Rule of Law |
| University of Haifa |
Keywords
- better regulation
- experimentalist governance
- sunset legislation
- temporary legislation
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