Like the other branches of government, parliaments are ‘responsible constitutional agent[s]’. They play a formative part ‘in expressing and pursuing’ constitutional government. A dimension of this agency is that parliaments, and more specifically parliamentarians, have a responsibility to consider whether proposed laws overstep the constitutional boundaries of their powers. When, as is the wont of constitutional principles, the relevant limits are uncertain, the task of deliberating about constitutional validity can be challenging. Difficulties increase when a proposed law is an innovative attempt to respond to emerging problems at the edge of doctrine espoused in previous constitutional decisions.
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(2017) 40(3) UNSWLJ 976: https://doi.org/10.53637/YJXF5657