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The validity of Henry VIII Clauses in Australian federal legislation

Moens, G. and Trone, J. (2012) The validity of Henry VIII Clauses in Australian federal legislation. Giornale di Storia Costituzionale (Journal of Constitutional History), 24 . pp. 133-134.


The Australian High Court has stated that the federal Parliament may not abdicate its legislative powers. However, the Court's concept of abdcation only prohibits an abdication or renunciation of the power of Parliament to repeal or amend a statute. This concept of abdication is so narrow that it has not proved to be a meaningful limitation in practice. This paper argues that the Court should modify its abdication doctrine so that a delegation of power to amend statute law by regulation would constitute an abdication of legislative power. Subordinate legislation must at least be subordinate to primary legislation.

Item Type: Journal Article
Murdoch Affiliation(s): School of Law
Publisher: Casalini Libri
Copyright: Casalini Libri
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