Legislating with Integrity? The Challenge of Delegated Legislation

Monday, 21 February, 2022 - 06:15
South Australia

About this Event

Most new laws are not made in Parliament but are instead made directly by the government in the form of delegated legislation. Yet the process by which delegated legislation is made leaves much to be desired – particularly in South Australia, which has fallen behind other jurisdictions.

Delegated lawmaking carries few of the safeguards expected of lawmaking in a democratic society founded on the rule of law. In particular, there is limited accountability and transparency for choices made by the government in the exercise of broad lawmaking powers on loan from Parliament. What, if anything, can be done to promote the values and principles of good lawmaking for delegated legislation? To use Jeremy Waldron’s expression, how can we ensure that in making delegated legislation, the government legislates with integrity?

A series of recent changes in relation to the parliamentary scrutiny of delegated legislation at the Commonwealth level might hold some of the answer to restoring the democratic deficit. While it is a smaller jurisdiction with comparatively fewer resources, South Australia can learn from these developments and the practice of other jurisdictions.

Speaker: Dr Lorne Neudorf Associate Professor, Adelaide Law School, University of Adelaide

Chair: Anna Olijnyk, Adelaide Law School, University of Adelaide


Time: 1.00pm (SA time) (1.30pm AEDT; WA 10.30am; QLD 12.30pm)Date: Friday, 25 February 2022

Date: Friday, 25 February 2022

Place: via Zoom (Please book via the TryBooking link: https://www.trybooking.com/BXMMV)


Registration is free.

Inquiries can be directed to .


This event is co-hosted by the the Australian Institute of Administrative Law (SA Chapter) and the Australian Association of Constitutional Law (SA Chapter).