IFRS Due Process as an Inspiration for Legislative Process of Developing the Czech Accounting Legislation

Abstract In an article published recently in the Statue Law Review,1 Prof. Shucheng Wang has examined the deferential approach to judicial review of the legislative process as adopted by the CFA,2 due to the Leung3 case. In this short response, I focus on two issues that are not mentioned in Prof. Wang’s article but that are crucial for understanding recent developments concerning judicial review of the legislative process in Israel by Israel’s High Court of Justice (HCJ). First, this response will present the most recent, and more crucial, ruling of the HCJ from late 2017 in the Quantinsky v. The Israeli Knesset (2017)4 which established a new precedent and in which, for the first time in Israel’s history, a new law was invalidated due to flaws in the legislative process. Second, I wish to emphasize the specific type of law that was invalidated and that is more prone to flaws in the legislative process: The Omnibus Law of Arrangement in the State Economy, which includes hundreds of budget statutes, and is characterized by a very unique and hasty legislative process. Therefore, this response wishes to complement Prof. Wang’s thesis and provide an update regarding the Israeli HCJ judicial approach of due process of legislation.

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Ignoring Implementation: Defects in Canada’s “Rape Shield” Policy Cycle

Canadian Journal of Law and Society / Revue Canadienne Droit et Société ◽

10.1017/cls.2020.35 ◽

2021 ◽

Vol 36 (1) ◽

pp. 23-46

Author(s):

Danielle McNabb ◽

Dennis Baker

Keyword(s):

Content Analysis ◽

Sexual Assault ◽

Due Process ◽

Legislative Process ◽

Policy Cycle ◽

Privacy Rights ◽

Judicial Implementation ◽

Policy Cycles ◽

Judicialization Of Politics

AbstractThis article employs a “policy cycle” framework to explore Bill C-51, legislation which contains Canada’s latest amendments to the “rape shield.” Through an in-depth evaluation of earlier rape shield reforms, as well as a content analysis of the legislative proceedings of Bill C-51, this paper reveals that, while the impetus for introducing rape shield legislation is to protect the equality and privacy rights of sexual assault complainants, the legislative process of these “policy cycles” focuses disproportionately on remedying due process concerns and less on the problems that arise in judicial implementation of the provisions. We situate this finding within the larger trend towards the “judicialization of politics,” and trace some of the institutional and structural obstacles that impede Parliamentarians from more effectively legislating to improve sexual assault trials for complainants.

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Judicial Review and the Legislative Process: Some Empirical and Normative Aspects of Due Process of Lawmaking

SSRN Electronic Journal ◽

10.2139/ssrn.279433 ◽

2001 ◽

Author(s):

Philip P. Frickey ◽

Steven S. Smith

Keyword(s):

Judicial Review ◽

Due Process ◽

Legislative Process

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Judicial Review of the Legislative Process

Israel Law Review ◽

10.1017/s0021223700013066 ◽

2006 ◽

Vol 39 (2) ◽

pp. 182-247 ◽

Cited By ~ 3

Author(s):

Suzie Navot

Keyword(s):

Supreme Court ◽

Judicial Review ◽

Due Process ◽

Comparative Law ◽

Legislative Process ◽

Basic Rights ◽

Legislative Procedures ◽

The Supreme Court ◽

Israeli Supreme Court ◽

The Relationship

Should the process by which laws are enacted affect their legislative validity? This Article attempts to provide a justification for judicial review of the legislative process and suggests that the court should encourage legislative due process. Lawmaking means responsible lawmaking, and the court should thus be able to ensure a minimal due process of lawmaking by reviewing the legislative process. To date the Israeli Supreme Court has refrained from judicial review of Knesset legislation by virtue of flaws in the legislative process. Recently however, Supreme Court judgments seem to have endorsed a form of judicial review of the legislative process, at least de jure. This Article presents the theoretical and comparative frameworks for judicial review of the legislative process and scrutinizes the law in those countries that conduct judicial review of procedurally defective laws together with an examination of the particular features of the rules governing such review. In comparative law, the characteristics of judicial review of the legislative procedures are similar to those manifested in the question of judicial review of legislation, and based on the same premises. In Israel as well, judicial review of legislation is based on the existence of a supreme constitutional norm, of basic rights and fundamental principles. The Article concludes by proposing that the main characteristics of judicial review: constitutionality, proportionality, and restraint should dictate the relationship between the Supreme Court and the Parliament in all aspects of judicial review.

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Due Process: No-Win System

ASHA Leader ◽

10.1044/leader.scm1.09172004.18 ◽

2004 ◽

Vol 9 (17) ◽

pp. 18-20

Author(s):

Susan Boswell

Keyword(s):

Due Process

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Dysphagia Services in Schools: Applying Special Education Requirements to a Health Service

Perspectives on Swallowing and Swallowing Disorders (Dysphagia) ◽

10.1044/sasd18.3.86 ◽

2009 ◽

Vol 18 (3) ◽

pp. 86-90 ◽

Cited By ~ 1

Author(s):

Lissa Power-deFur

Keyword(s):

Special Education ◽

Health Service ◽

Due Process ◽

Due Process Hearings ◽

Related Services ◽

Eligibility Determination ◽

Legal Provisions ◽

Provision Of Services ◽

Related Service ◽

Specially Designed Instruction

Abstract School speech-language pathologists and districts frequently need guidance regarding how the legal provisions of special education affect the needs of children with dysphagia. This article reviews key principles of special education that guide eligibility determination and provision of services to all children. In the eligibility process, the school team would determine if the child's disability has an adverse effect on his/her education program and if the child needed special education (specially designed instruction) and related services. Dysphagia services would be considered a related service, a health service needed for the child to benefit from specially designed instruction. The article concludes with recommendations for practice that stem from a review of due process hearings and court cases for children with disabilities that include swallowing.

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