Questions Worth Asking About Legislation

Last updated: November 1, 2012

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Essential Questions

By what authority was the legislation made or enacted?
Have all the steps necessary to bring it into force been taken? Has it been repealed or amended?
Has the legislation been declared ultra vires? Is there a declaration of ultra vires due to take effect after a period of suspension?

Has the legislation been judicially considered?
Has government made any official statement as to how the legislation would be interpreted?
Has government issued policy manuals indicating how the legislation should be applied?
How has the legislation been applied or interpreted in practice?
Were there relevant government press releases, policy papers, law reform reports, uniform law conference reports, or royal commission reports prior to the enactment of the legislation?
What was said about the legislation during debates and committee proceedings at the time of its enactment?

Which minister of government is responsible for the oversight of the legislation?
Is there other legislation within the same jurisdiction on related subjects in which similar terminology and concepts are employed?
Which groups, if any, are specially interested in the legislation?
What, if anything, have learned commentators said about the legislation and its effects.
Is there similar legislation in other jurisdictions?
Has similar legislation in other jurisdictions been judicially considered?