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They aren't abandoning the rule of law, the pattern is one of creating powers for secondary legislation. This means that the relevant minister (and ministry) ca

by hkt 3y ago

They aren't abandoning the rule of law, the pattern is one of creating powers for secondary legislation. This means that the relevant minister (and ministry) can write that regulation. The courts would very quickly strike down anything arbitrary as "ultra vires" - "beyond the power" give or take. Secondary legislation is very common around the world and is simply a way of delegating technocratic stuff to the relevant department. A fair criticism of this is the lack of parliamentary scrutiny and placing power in a ministry that might well operate a revolving door with the industry it is meant to regulate. Even so, the HoL does have scrutiny of secondary legislation and secondary legislation can't take precedence over human rights etc. Edit: just to stress, the powers delegated are about rulemaking, not arbitrary judgement by bureaucrats.

gustavus 3y ago
Social Media (Basic Expectations and Defamation) Bill 2021 > 6 Investigation of complaints > (1) The Commissioner may investigate a complaint made under section 5. > (2) An investigation under this section is to be conducted as the Commissioner thinks fit. > (3) The Commissioner may, for the purposes of an investigation, obtain information from such persons, and make such inquiries, as the Commissioner thinks fit. [1] The phrase "The Commissioner may" and the "as the Commissioner sees fit" each appear twice > Part 5 of the Bill will when enacted create something called the Independent System Operator and Planner, a legal person (‘likely a company’), which will do all sorts of vaguely-defined but important things, like ‘co-ordinating and directing the flow of electricity onto and over transmission systems’, ‘carrying out strategic planning and forecasting in connection with…the conveyance or supply of electricity [and] the conveyance and supply of gas’, ‘providing advice or information’ to government ministers, and so on. And the Bill also mandates that it shall do these things in view of three requirements: to achieve Net Zero, to secure energy supply, and to promote economy and efficiency. As part of the bill under discussion in the OPs article. Those are just 2 instances I found without much looking. Sauces: 1. https://www.legislation.gov.au/Details/C2021B00157 https://www.legislation.gov.au/Details/C2021B00157
jtbayly 3y ago
If the government makes a rule that nobody is allowed to use "inefficient" light bulbs anymore, and then gives the power to a bureaucrat to determine what is "inefficient," that's a great example of the administrative state having the actual power. You're right that it is common around the world. And it's a huge problem. Because nobody can know what's illegal in the US, for example. If nobody can know, then how can we claim we live under the rule of law?

by hkt 3y ago

gustavus 3y ago

Social Media (Basic Expectations and Defamation) Bill 2021 > 6 Investigation of complaints > (1) The Commissioner may investigate a complaint made under section 5. > (2) An investigation under this section is to be conducted as the Commissioner thinks fit. > (3) The Commissioner may, for the purposes of an investigation, obtain information from such persons, and make such inquiries, as the Commissioner thinks fit. [1] The phrase "The Commissioner may" and the "as the Commissioner sees fit" each appear twice > Part 5 of the Bill will when enacted create something called the Independent System Operator and Planner, a legal person (‘likely a company’), which will do all sorts of vaguely-defined but important things, like ‘co-ordinating and directing the flow of electricity onto and over transmission systems’, ‘carrying out strategic planning and forecasting in connection with…the conveyance or supply of electricity [and] the conveyance and supply of gas’, ‘providing advice or information’ to government ministers, and so on. And the Bill also mandates that it shall do these things in view of three requirements: to achieve Net Zero, to secure energy supply, and to promote economy and efficiency. As part of the bill under discussion in the OPs article. Those are just 2 instances I found without much looking. Sauces: 1. https://www.legislation.gov.au/Details/C2021B00157 https://www.legislation.gov.au/Details/C2021B00157

jtbayly 3y ago

If the government makes a rule that nobody is allowed to use "inefficient" light bulbs anymore, and then gives the power to a bureaucrat to determine what is "inefficient," that's a great example of the administrative state having the actual power. You're right that it is common around the world. And it's a huge problem. Because nobody can know what's illegal in the US, for example. If nobody can know, then how can we claim we live under the rule of law?