Delegated Legislation in Australia

The book "Delegated Legislation in Australia" by Dennis Pearce and Stephen Bateman provides a comprehensive overview of the concept and practice of delegated legislation in Australia. Here is a detailed summary of the key themes, plot summary, and critical reception:

Key Themes

1. Nature and Purpose of Delegated Legislation:

   • The book explores why and how delegated legislation is used to impose obligations on citizens and organizations in Australia. It delves into the historical context, starting from the early days of delegated legislation in Australia and New Zealand, proclaimed by Governors Phillip and Hobson.

2. Method of Making, Publication, Commencement, and Parliamentary Review:

   • The authors detail the processes involved in creating, publishing, and implementing delegated legislation across various states, territories, and the Commonwealth. This includes the methods of making delegated legislation, its publication, commencement, and parliamentary review.

3. Complexity and Interpretation:

   • The book highlights the complexity of delegated legislation, particularly focusing on the interpretation of phrases like "necessary or convenient for giving effect to the Act." It emphasizes that these phrases, while seemingly simple, require detailed analysis and interpretation.

4. Administrative Law Concepts:

   • The authors analyze administrative law concepts such as unreasonableness and proportionality. They treat these concepts as separate entities and provide detailed commentary on their application in the context of delegated legislation.

5. Sub-Delegation and Delegatus Non Potest Delegare:

   • The book includes a chapter on sub-delegation of delegated legislation, discussing the maxim of delegatus non potest delegare (a delegate cannot delegate). This is particularly relevant for those engaged in administrative law.

6. Comparative Case Law:

   • The authors reference both Australian and New Zealand case law to fill gaps in the understanding of delegated legislation. This comparative approach provides a richer understanding of the subject matter.

Plot Summary

The book is structured to provide a comprehensive and readable overview of the subject. It starts by setting the historical context of delegated legislation in Australia and New Zealand, then moves on to explain the methods of making, publishing, and implementing delegated legislation. The authors pose essential questions and provide clear, unambiguous answers based on available resources. The book traverses the complexities of delegated legislation, including its interpretation and application in administrative law, making it a valuable resource for legal professionals and students.

Critical Reception

The book has been well-received for its comprehensive and readable style. The second edition, published in 1999, was noted for its detailed analysis of the complexities of delegated legislation. Reviewers praised the book for avoiding jargon and providing instant enlightenment on complex legal concepts. The book's ability to pose essential questions and provide clear answers has been particularly commended.

Editions

The book has been published in multiple editions, with the latest available being the 5th edition. The editions have been updated to reflect changes in the legal landscape and to provide more comprehensive coverage of the subject matter.

In summary, "Delegated Legislation in Australia" by Dennis Pearce and Stephen Bateman is a seminal work that provides a detailed and accessible overview of the concept and practice of delegated legislation in Australia. It is a valuable resource for legal professionals, students, and anyone interested in administrative law.