Please use this identifier to cite or link to this item:
https://hdl.handle.net/1959.11/31331
Title: | Pandemic Parliamentary Oversight of Delegated Legislation: Comparing the Performance of Westminster Systems |
Contributor(s): | Dey, Pritam (author) ; Murphy, Julian R (author) |
Publication Date: | 2021-12-20 |
Early Online Version: | 2021-07-27 |
DOI: | 10.1515/icl-2021-0004 |
Handle Link: | https://hdl.handle.net/1959.11/31331 |
Abstract: | | The COVID-19 pandemic is testing parliamentary systems of governance across the world, especially in relation to oversight of executive actions. Observers in multiple jurisdictions have already noted the proliferation of delegated legislation during the pandemic and the shortcomings in legislative oversight of the same. To date, however, no close analysis has been conducted of the way in which legislative oversight mechanisms have broken down during the pandemic. This paper provides such an analysis, using examples from Westminster systems adopting the'legislative model'of providing extraordinary powers. Looking at individual examples from Australia, New Zealand and the United Kingdom, the analysis seeks to identify and explain the failures, and relative successes, indifferent mechanisms for parliamentary oversight, including parliamentary scrutiny committees (pre-existing and ad hoc), disallowance, and sunset clauses. Although primarily descriptive, the comparative approach analysis permits preliminary conclusions to be drawn as to the way each jurisdiction may improve its methods of parliamentary oversight of delegated legislation. These comparative lessons will be of use both during and beyond the pandemic.
Publication Type: | Journal Article |
Source of Publication: | International Constitutional Law, 15(4), p. 465-486 |
Publisher: | Walter de Gruyter GmbH |
Place of Publication: | Germany |
ISSN: | 1995-5855 2306-3734 |
Fields of Research (FoR) 2020: | 480702 Constitutional law 480701 Administrative law |
Socio-Economic Objective (SEO) 2020: | 230405 Law reform 230407 Legislation, civil and criminal codes |
Peer Reviewed: | Yes |
HERDC Category Description: | C1 Refereed Article in a Scholarly Journal |
Appears in Collections: | Journal Article School of Law
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