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    The validity of Henry VIII clauses in Australian federal legislation

    Access Status
    Fulltext not available
    Authors
    Moens, Gabriel
    Trone, J.
    Date
    2012
    Type
    Journal Article
    
    Metadata
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    Citation
    Moens, Gabriel and Trone, John. 2012. The validity of Henry VIII clauses in Australian federal legislation. Journal of Constitutional History / Giornale di Storia Constituzionale. 24: pp. 133-143.
    Source Title
    Journal of Constitutional History Giornale di Storia Constituzionale
    ISSN
    15930793
    URI
    http://hdl.handle.net/20.500.11937/8868
    Collection
    • Curtin Research Publications
    Abstract

    The Australian High Court has stated that the federal Parliament may not abdicate its legislative powers. However, the Court’s concept of abdication only prohibits an abdication or renunciation of the power of Parliament to repeal or amend a statute. This concept of abdication is so narrow that it has not proved to be a meaningful limitation in practice. This paper argues that the Court should modify its abdication doctrine so that a delegation of power to amend statute law by regulation would constitute an abdication of legislative power. Subordinate legislation must at least be subordinate to primary legislation.

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