University of Wollongong Research Online Faculty of Law, Humanities and the Arts - Papers Faculty of Arts, Social Sciences & Humanities 1-1-2015 Institutional influences on the parameters of criminalisation: parliamentary scrutiny of criminal law bills in New South Wales Luke J. McNamara University of Wollongong,
[email protected] Julia Quilter University of Wollongong,
[email protected] Follow this and additional works at: https://ro.uow.edu.au/lhapapers Part of the Arts and Humanities Commons, and the Law Commons Recommended Citation McNamara, Luke J. and Quilter, Julia, "Institutional influences on the parameters of criminalisation: parliamentary scrutiny of criminal law bills in New South Wales" (2015). Faculty of Law, Humanities and the Arts - Papers. 2046. https://ro.uow.edu.au/lhapapers/2046 Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library:
[email protected] Institutional influences on the parameters of criminalisation: parliamentary scrutiny of criminal law bills in New South Wales Abstract Within criminalisation scholarship, there has been little engagement with the work of ‘real-world’ mechanisms for promoting principled law-making, like the activities of parliamentary scrutiny committees. This article reports on an examination of the New South Wales (‘NSW’) Legislation Review Committee’s findings and recommendations in relation to all criminal law bills during the period 2010–12 and assesses the impact of the Committee’s recommendations on the passage of bills through the NSW Parliament. It considers whether the potential for scrutiny committees to play an effective role in delineating the legitimate boundaries of criminalisation is realised in practice.