Index
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Legislation in the contemporary administrative state: an Australian perspective on Loper Bright
Lisa Burton Crawford
Recent decisions of the United States Supreme Court (SCOTUS) seem to have thrown the administrative state into crisis. A suite of recent cases have limited executive power in important ways—for example, by requiring executive action to be authorised by far more detailed legislation than has previously been required, or preventing executive agencies from performing certain functions that they have been allowed to in the past. These include the momentous decision in Loper Bright Enterprises v Raimondo, 603 US ___ (2024) — in which the SCOTUS effectively overturned the doctrine of Chevron deference.
Why should Australian public lawyers be interested in these developments? What light do they cast on our own legal system, and its particular strengths and pathologies? This post explores these issues, beginning with the complex legislative framework that sustains administrative government here.
Tackling the challenge of legislative complexity
William Isdale and Nicholas Simoes da Silva
In this piece, we build upon a recent post on legislative complexity by Crawford, Akand, Contractor and Sisson to reveal just how big a problem legislative complexity actually is. In doing so, we will explain how a recently launched ALRC initiative — the DataHub — can deliver new insights for scholars interested in probing these issues further. We will also outline some additional answers to a question posed by Crawford and colleagues: “how do we actually simplify legislation?”, drawing on the ALRC’s latest research.
Legislative complexity: what is it, how do we measure it, and why does it matter?
Lisa Burton Crawford, Elma Akand, Steefan Contractor and Scott Sisson
The ongoing inquiry of the Australian Law Reform Commission (ALRC) into Financial Services Legislation has cast new light on the complexity of legislation enacted by the Australian Parliament. This post aims to harness some of the ‘significant appetite and impetus for change’ that the ALRC identified with respect to federal financial services legislation for the broader phenomenon legislative complexity — which, we argue, has become systemic. This is demonstrated by data that we collected from the Federal Register of Legislation (FRL).
Tidying our house of law: bringing the Marie Kondo philosophy to the Commonwealth statute book
William Isdale and Nicholas Simoes da Silva
Last year marked the 120th anniversary of the Commonwealth statute book – an anniversary that offers an opportunity to reflect on the house of law we have built. There is much to be proud of: a house constructed from the timbers of Parliamentary sovereignty, with strong constitutional foundations.
Legislative morass and the rule of law: a warning, and some possible solutions
William Isdale & Christopher Ash