The role of courts in improving the legislative process

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9 Scopus citations


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 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.

Original languageEnglish
Pages (from-to)295-313
Number of pages19
JournalTheory and Practice of Legislation
Issue number3
StatePublished - 1 Jan 2015

Bibliographical note

Funding Information:
This research was supported by the Israel Science Foundation (grant No. 1436/15)

Publisher Copyright:
© 2016 Taylor & Francis.


  • Courts
  • Due process of lawmaking
  • Impact of judicial review
  • Judicial review
  • Judicial review of the legislative process
  • Legislative procedure
  • Legislative process


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