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The role of Tasmania’s subordinate legislation committee during the COVID-19 emergency
Citation
Gogarty, B and Appleby, G, The role of Tasmania's subordinate legislation committee during the COVID-19 emergency, Alternative Law Journal, 45, (3) pp. 188-194. ISSN 1037-969X (2020) [Refereed Article]
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Copyright Statement
Copyright 2020 The Author(s)
DOI: doi:10.1177/1037969X20933070
Abstract
On 17 March 2020, Tasmania entered a 'state of emergency' in response to COVID-19. Parliament stands adjourned, and the executive is regulating the crisis through delegated regulations that significantly limit civil rights and freedoms. Despite assurances that Tasmania's Subordinate Legislation Committee would scrutinise executive power throughout the crisis, its role has been limited, due to an overly prescriptive (and we argue incorrect) reading of Tasmania's scrutiny framework, which has not been properly reformed in several decades. This is a salient lesson as to why constitutional laws require regular review and modernisation, to ensure parliaments remain supreme even (and especially) during crises and emergencies.
Item Details
| Item Type: | Refereed Article |
|---|---|
| Keywords: | parliament, parliamentary scrutiny, parliamentary supremacy, executive powers, regulation, regulations, subordinate legislation |
| Research Division: | Law and Legal Studies |
| Research Group: | Public law |
| Research Field: | Constitutional law |
| Objective Division: | Law, Politics and Community Services |
| Objective Group: | Justice and the law |
| Objective Field: | Legal processes |
| UTAS Author: | Gogarty, B (Dr Brendan Gogarty) |
| ID Code: | 139698 |
| Year Published: | 2020 |
| Web of Science® Times Cited: | 1 |
| Deposited By: | Law |
| Deposited On: | 2020-06-26 |
| Last Modified: | 2020-12-07 |
| Downloads: | 0 |
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