Temporary Legislation in Times of Covid-19

This article presents an empirical view of the widespread use of temporary legislation (known also as “Sunset Legislation”) as a tool in handling the challenges of the Coronavirus in Israel. First, the article presents the dramatic increase of temporary legislation during the covid-19 crisis, and traces the purposes and rationales that led legislators to use this legislative practice. Second, the article evaluates temporary legislation vis-à-vis emergency regulations as the two major alternatives for adopting temporary and urgent legal measures. It further addresses the difficulties and failures that have arisen or may arise due to the widespread use of temporary legislation in times of crisis such as covid-19. Finally, and while recognizing that temporary legislation is ‘the lesser evil’ in these times of crisis, a number of normative proposals are presented in an effort to improve temporary legislation during the covid-19 period and to overcome the difficulties in using it.

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