Part 3/8:
A core point of contention involves the use of what is known as a "Henry VIII clause." Historically, this clause allows the executive branch—in this case, ministers—to amend or override legislation without immediate parliamentary approval. Originating from grants given to King Henry VIII in 1531, the clause permits the government to make decrees that can supersede existing laws.
In modern legal contexts, the Henry VIII clause is not outright illegal. It has been upheld by Australia's High Court under certain conditions, but only when attached to a clear constitutional authority or head of power. The problem arises when these clauses are used excessively or expand beyond intended limits, stirring fears of executive overreach.