The role of Tasmania's subordinate legislation committee during the COVID-19 emergency

被引：3

作者：

Gogarty, Brendan ^{[1
]}

Appleby, Gabrielle ^{[2
]}

机构：

[1] Univ Tasmania, Fac Law, Private Bag 89, Hobart, Tas 7001, Australia

[2] Univ New South Wales, Fac Law, Sydney, NSW, Australia

来源：

ALTERNATIVE LAW JOURNAL | 2020年 / 45卷 / 03期

关键词：

Parliament; parliamentary scrutiny; parliamentary supremacy; executive powers; regulation; regulations; subordinate legislation;

D O I：

10.1177/1037969X20933070

中图分类号：

D9 [法律]; DF [法律];

学科分类号：

0301 ;

摘要：

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.

引用

页码：188 / 194

页数：7