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

Gogarty, B ORCID: 0000-0002-9494-6598 and Appleby, G 2020 , 'The role of Tasmania’s subordinate legislation committee during the COVID-19 emergency' , Alternative Law Journal , pp. 1-7 , doi: 10.1177/1037969X20933070.

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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 Type: Article
Authors/Creators:Gogarty, B and Appleby, G
Keywords: parliament, parliamentary scrutiny, parliamentary supremacy, executive powers, regulation, regulations, subordinate legislation
Journal or Publication Title: Alternative Law Journal
Publisher: Sage Publications Ltd.
ISSN: 1037-969X
DOI / ID Number: 10.1177/1037969X20933070
Copyright Information:

Copyright 2020 The Author(s)

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