The Impact of Judicial Review of the Legislative Process on Legislative Behavior

Recent scholarship reveals a fascinating cross-national phenomenon: courts around the world are increasingly turning their attention to reviewing the legislature's enactment process. The emergence of this global procedural trend in the case law of national and international courts has sparked a budding and vibrant debate in legal scholarship, which has traditionally focused only on substantive judicial review. However, a crucial question in this debate has not been explored yet: how does judicial review of the legislative process impact legislative behavior?
This paper presents an empirical study that begins to fill this important gap. It reports findings from an extensive multi-method empirical study that explored whether, to what extent, and in what ways the introduction of judicial review of the legislative process influenced the Israeli Parliament’s behavior in enacting omnibus legislation.