The Role of the Tasmanian Subordinate Legislation Committee During the COVID-19 Emergency

16 Pages Posted: 29 Apr 2020

See all articles by Brendan Gogarty

Brendan Gogarty

University of Tasmania, Faculty of Law

Gabrielle J. Appleby

University of New South Wales (UNSW)

Date Written: April 23, 2020

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 Tasmania's Subordinate Legislation Committee would scrutinise executive power throughout the crisis, its role has been limited, due to an overly prescriptive (we argue incorrect) reading of Tasmania's scrutiny framework, which has not been properly reformed in several decades. This is a salient lesson about why constitutional laws require regular reviewed and modernisation, to ensure Parliaments remain supreme even (especially) during crises and emergencies.

Keywords: Parliamentary scrutiny, tasmania, emergency powers, executive power, constitutional law, regulations, delegated legislation, subordinate instruments

Suggested Citation

Gogarty, Brendan and Appleby, Gabrielle J., The Role of the Tasmanian Subordinate Legislation Committee During the COVID-19 Emergency (April 23, 2020). Available at SSRN: https://ssrn.com/abstract=3587177

Brendan Gogarty (Contact Author)

University of Tasmania, Faculty of Law ( email )

Private Bag 89
Hobart
Tasmania, 7001
Australia

Gabrielle J. Appleby

University of New South Wales (UNSW) ( email )

Kensington
High St
Sydney, NSW 2052
Australia

HOME PAGE: http://www.law.unsw.edu.au/profile/gabrielle-appleby

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