Delegated Legislation in Australia

"Delegated Legislation in Australia" by Dennis Charles Pearce and Stephen Argument is a comprehensive legal textbook that provides detailed coverage of all aspects of subordinate legislation in Australia. Here is a comprehensive overview of the book:

Key Themes

1. Subordinate Legislation Overview: The book offers a comprehensive overview of why and how delegated legislation is used to impose obligations on both citizens and businesses.
2. Forms of Delegated Legislation: It discusses the various forms that delegated legislation takes, including regulations, by-laws, and other types of subordinate laws.
3. Parliamentary Review: The authors provide commentary on the means used by Parliament to review the content of delegated legislation, including the mechanisms for scrutiny and review.
4. Judicial Review: The book includes updated discussion on judicial review, including analysis of new court decisions and the element of proportionality as a ground of review.
5. Parliamentary Committees: It covers the role of parliamentary committees in scrutinizing delegated legislation, including the impact of changes in committee structures, such as the abolition of the Scrutiny of Legislation Committee in Queensland and the operation of the new Parliamentary Joint Committee on Human Rights.

Plot Summary

The book is structured to provide a detailed and updated reference for legislators, public officials, judicial officers, and lawyers. It covers the entire lifecycle of delegated legislation, from its making and publication to its commencement and review. The authors delve into the principles of scrutiny and how these are applied in different jurisdictions across Australia.

Critical Reception

While there is no specific critical reception provided in the sources, the book's fifth edition has been updated to reflect significant changes in the legal landscape, including new court decisions and changes in parliamentary committees. This suggests that the book is well-regarded for its comprehensive coverage and timely updates.

Editions

The book has been published in multiple editions:

• 3rd Edition (2005): Published by LexisNexis Butterworths, this edition was the first to cover the topic in detail.
• 4th Edition: Although not detailed in the sources, it is mentioned as a previous edition.
• 5th Edition (2017): This is the latest edition, which includes updated material on parliamentary committees and judicial review.

Format and Publication

The fifth edition is published by LexisNexis Butterworths and is available in hardback format. It contains 536 pages and is part of the LexisNexis Black and Silver series.

Summary

"Delegated Legislation in Australia" by Dennis Charles Pearce and Stephen Argument is a seminal work in the field of Australian law, providing a detailed and updated reference for all aspects of subordinate legislation. Its comprehensive coverage and timely updates make it a valuable resource for legal professionals and scholars alike.