AI Overview

"Delegated Legislation in Australia" by Dennis Pearce and Stephen Argument is a comprehensive legal text 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: The book focuses on legislation made by various government and other bodies under the authority of an Act of Parliament. It highlights how this type of legislation far exceeds the volume of legislation made by Parliament in the form of statutes.
  2. Parliamentary Review: The text discusses the means used by Parliament to review the content of delegated legislation, including the mechanisms for scrutiny and assessment.
  3. Judicial Review: It includes updated material on judicial review, including analysis of new court decisions and the element of proportionality as a ground of review.
  4. Parliamentary Committees: The book covers the role and impact of parliamentary committees, including 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 comprehensive overview of delegated legislation in Australia. It begins with an introduction to the concept and significance of subordinate legislation, followed by detailed chapters on its making, publication, and commencement. The text then delves into parliamentary review mechanisms, scrutiny principles, and the role of judicial review in assessing the validity and effectiveness of delegated legislation.

Critical Reception

While specific reviews are not provided in the sources, the book is recognized as a leading reference for legislators, public officials, judicial officers, and lawyers. Its fifth edition reflects the authors' commitment to updating the material to include recent developments and court decisions, making it a valuable resource for understanding the complexities of delegated legislation in Australia.

Editions

The book has been published in multiple editions:

  • 3rd Edition: Published in 2005 by LexisNexis Butterworths.
  • 4th Edition: Although not detailed in the sources, it is mentioned in the context of the 5th edition.
  • 5th Edition: The latest edition, published in 2017, includes updated discussions on parliamentary committees and judicial review, among other topics.

Publication Details

  • Publisher: LexisNexis Butterworths
  • ISBN: 9780409345841 (hardback)
  • Pages: liv, 536 pages
  • Publication Date: 2017

Overall, "Delegated Legislation in Australia" by Dennis Pearce and Stephen Argument is a seminal work that provides a thorough understanding of the intricacies of subordinate legislation in Australia, making it essential reading for legal professionals and scholars in the field.