The Regulatory Responsibility Bill and the constitution

Ekins, Richard (2010) The Regulatory Responsibility Bill and the constitution. Policy Quarterly, 6 2: 9-13.

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Author Ekins, Richard
Title The Regulatory Responsibility Bill and the constitution
Journal name Policy Quarterly
ISSN 1176-8797
1176-4325
Publication date 2010-05
Sub-type Article (original research)
Open Access Status File (Publisher version)
Volume 6
Issue 2
Start page 9
End page 13
Total pages 5
Place of publication Wellington, New Zealand
Publisher Victoria University of Wellington, Institute for Governance and Policy Studies
Language eng
Formatted abstract
The Regulatory Responsibility Taskforce has recommended that Parliament enact its proposed Regulatory Responsibility Bill. The bill aims to rule out certain statutes and regulations as ‘unconstitutional’ by specifying principles of responsible regulation and by introducing three mechanisms – certification, judicial declarations of incompatibility and interpretation – to ensure that legislation conforms to those principles. I argue that the bill itself is unconstitutional: Parliament should not enact it. Many of the principles are contentious and affirming them would distort law making and democratic politics. Authorising judges to police conformity compounds the problem. The content of the principles is likely to be settled by judicial decision, which means Parliament will face improper political pressure to do as the courts direct and the validity of much delegated legislation will be called into question. 
Q-Index Code CX
Q-Index Status Provisional Code
Institutional Status Non-UQ

Document type: Journal Article
Sub-type: Article (original research)
Collection: TC Beirne School of Law Publications
 
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Created: Wed, 16 Jul 2014, 16:11:43 EST by Carmen Buttery on behalf of T.C. Beirne School of Law