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Title
Pandemic Parliamentary Oversight of Delegated Legislation: Comparing the Performance of Westminster Systems
Author(s)
Murphy, Julian R
Publication Date
2021-12-20
Early Online Version
Abstract
<p>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.</p>
Publication Type
Journal Article
Source of Publication
International Constitutional Law, 15(4), p. 465-486
Publisher
Walter de Gruyter GmbH
Socio-Economic Objective (SEO) 2020
2021-07-27
Place of Publication
Germany
ISSN
1995-5855
2306-3734
Fields of Research (FoR) 2020
Socio-Economic Objective (SEO) 2020
Peer Reviewed
Yes
HERDC Category Description
Peer Reviewed
Yes
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