Rethinking the constitutionality of delegated legislation

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Abstract

This article takes a fresh look at the issue of the delegation of legislative powers to the executive branch of government. The traditional view is that there are no constitutional limits deriving from the separation of powers to the conferral of unfettered legislative power on executive officials. The author argues that this approach needs re-evaluation in light of the contemporary focus on the purposes served by the separation of powers doctrine. Attention to the connection of the doctrine with the rule of law, as well as with fundamental democratic values, suggests that we should reject the traditional view that Parliament can delegate legislative power without indicating the standards which are to govern the making of the delegated legislation.
Original languageEnglish
Pages (from-to)45-55
Number of pages11
JournalAustralian journal of administrative law
Volume11
Issue number1
Publication statusPublished - 2003

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