DEMOCRACY IN AN AGE OF HYPER-LEGISLATION

In recent decades, successive Parliaments in Australia and elsewhere have proliferated an extraordinary amount of legislation. Notable features of this phenomenon are the complexity of these statutes and the breadth of discretionary powers bestowed on the executive government with a concomitant deleterious impact on fundamental rights. This panel explores various problems that arise from this...

Panel 24, MONDAY 25 June 2018 16:45-18:15

Hyper-legislation and deference to the executive

Two particular features of hyper-legislation are the broad discretion that laws confer on government officials, and the extent to which they authorise officials to make decisions that restrict fundamental rights. These issues pose a challenge for courts, whose role it is to ensure that discretionary powers are exercised lawfully while respecting the mandate of democratically...

Panel 24, MONDAY 25 June 2018 16:45-18:15

The age of hyper-legislation?

In order to frame the panel discussion, this paper defines the phenomenon of hyper-legislation and outlines the constitutional problems that it poses. Roach coined the phrase “hyper-legislation“ to describe Australia‘s legislative response to the 9/11 terrorist attacks. Arguably, the phenomenon extends beyond the national security realm. The Australian legal system is now populated by innumerable...

Panel 24, MONDAY 25 June 2018 16:45-18:15