Challenging the Orthodoxy
Giving the Court a Role in Scrutiny of Delegated Legislation
Bibliographic Data
| ID | 6313801 |
|---|---|
| Authors | Gabrielle Appleby (0000-0001-9755-6803, UNSW Sydney, corresponding author) |
| Year | 2016 |
| Volume | 69 |
| Issue | 2 |
| Pages | 269-285 |
| Publication date | 2016-04-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Parliamentary Affairs (JOURNAL) |
| Journal identifiers | ISSN: 0031-2290 • E-ISSN: 1460-2482 |
| Publisher | Oxford University Press (PUBLISHER • GB) |
| DOI | 10.1093/pa/gsv041 |
| OpenAlex | W2308959009 |
| Language | EN |
| Citations received | 3 |
| References cited | 8 |
Australia was once a world leader in parliamentary oversight of delegated legislation. Today, parliamentary scrutiny has been undermined by a number of factors, including overly wide delegations, uncritical bi-partisan support for measures, party discipline restraining oversight, abuse of the disallowance procedure and parliamentary recesses to avoid parliamentary scrutiny, and interest-group capture within government. One of the reasons for the current state of affairs has been the constitutional orthodoxy in Australia that the courts do not intervene in the relationship between Parliament and the Executive. This article develops an alternative to that orthodoxy. I argue that the courts have a proper and necessary role in prodding parliamentary oversight of executive power, specifically in the delegated legislative sphere
Legislation · Orthodoxy · Political science · Scrutiny · Theology · Commonwealth, Australian Politics and Federalism · Judicial and Constitutional Studies · Law · Philosophy · Political Systems and Governance · Public Administration
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,75 |
| Citation span | 2022 - 2024 (3) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 3 |