An Overview of Post-Legislative Scrutiny in Western Australia

  • Sam Hastings Parliament of Western Australia
  • Kate Doust Legislative Council of Western Australia

Abstract

Twenty years ago, the House of Lords Select Committee into the Constitution focused attention back onto the concept of post-legislative scrutiny. Since then, a clear framework and momentum for systematic post-legislative scrutiny has developed which has enabled parliaments to strengthen their role in the legislative process. However, there is a dearth of academic research into post-legislative scrutiny in Australian jurisdictions. Currently, there is no clear picture of the extent of post-legislative scrutiny in Western Australia and the factors in support, and challenges in implementing, systematic review of legislation. This article examines the extent of post-legislative scrutiny conducted by or overseen by the Parliament of Western Australia. An analysis of review reports and parliamentary debates reveals the outcomes of post-legislative scrutiny by the Executive. This article also examines outcomes of post-legislative scrutiny conducted by parliament through the application of the Westminster Foundation for Democracy’s Principles of Post-Legislative Scrutiny. Finally, barriers to post-legislative scrutiny by the legislature and options for reform are explored.

References

Boulton, C J, ed, Erskine May’s Treatise on the Law, Privileges, Proceedings and Usage of Parliament, (London: Butterworths 1989).

Caygill, Tom, “A Tale of Two Houses – Post-Legislative Scrutiny in the UK Parliament” (2019) 21(2) European Journal of Law Reform.

Chauvel, Charles, “Post-Legislative Scrutiny in New Zealand – A Focus on Delegated Legislation” (2019) 21(2) European Journal of Law Reform.

Griglio, Elena, “Post-Legislative Scrutiny as a Form of Executive Oversight” (2019) 21(2) European Journal of Law Reform.

Hansard Society, Briefing Paper: Issues in Law Making – Post-Legislative Scrutiny, (London: Hansard Society, 2005).

Murphy, Jonathan & Mishura, Svitlana, “Post Legislative Scrutiny in a Non-Westminster Environment” (2019) 21(2) European Journal of Law Reform.

van Voorst, Stijn & Zwaan, Pieter, “The (non-) use of ex post evaluation by the European Commission” (2019) 26(3) Journal of European Public Policy.
Published
2019-12-05
How to Cite
HASTINGS, Sam; DOUST, Kate. An Overview of Post-Legislative Scrutiny in Western Australia. Journal of Southeast Asian Human Rights, [S.l.], v. 3, n. 2, p. 231-257, dec. 2019. ISSN 2599-2147. Available at: <https://jurnal.unej.ac.id/index.php/JSEAHR/article/view/13599>. Date accessed: 04 june 2020. doi: https://doi.org/10.19184/jseahr.v3i2.13599.
Section
Special Edition on Post-Legislative Scrutiny in Asia

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