Legislation is Becoming (Measurably) Overcomplex 

Abstract

We propose a novel methodology for studying the complexity of legislation based on a simple measure of legislative instability. Using data on enactments, amendments and repeals, we find Australian lawmaking (1901-2022) is approximately binomial distributed. Patterns of legislation conformed to the expected means and variance of the binomial distribution until the end of the 1970s. We show that subsequent parliaments diverged from the expected variance of the binomial after this point, coinciding with the emergence of large, complex 'monster acts' that are far more likely to receive a disproportionate number of amendments. We provide an illustrative survey of the Australian monster acts, argue their complexity creates problems for public policy at a systemic level, and discuss the implications of complexity in lawmaking for democratic governance. 

Keywords: Complexity, Complex Systems, Public Policy, Legislation, Legislative Stability, Measurement, Australia, Legislative Behaviour