As part of the Australian Senate Occasional Lecture Series, Professor Cheryl Saunders AO and Mr Stephen Argument today gave presentations on Australian democracy and Executive law-making.
More than 2000 legislative instruments were made by the Commonwealth executive in 2015. Quantity is not a problem in its own right, although the volume is noteworthy. Questions of greater moment, however, are raised by the scope of the opportunity for parliamentary surveillance, the significance of the purpose for which executive law-making is used, the compliance of instruments with the legislative power conferred and, perhaps, the extent to which the law-maker is accountable to the Parliament. All of these questions affect Australian democracy; some may risk constitutional validity as well. This Senate lecture will examine the practice of executive law-making at the Commonwealth level in contemporary Australia in the light of the principles at stake from perspectives inside and outside the Parliament.
A video their speeches and the papers they presented are available here.