Marie Kondo-ing the Commonwealth Statute Book

Over on the Australian Public Law blog, Nicholas Simoes da Silva and William Isdale are dipping their toe into an almost law librarian specific task and are proposing a weed of the Commonwealth statute book. 

In the piece - Tidying our house of law; bringing the Marie Kondo philosophy to the Commonwealth statute book - they propose;

First, we suggest that we need to identify and repeal ‘dead law’ – statutory detritus akin to empty pizza boxes. Second, we need to shine light on ‘dark law’ – delegated legislation that currently hides under our metaphorical sofa, but which should be labelled and put in drawers. We conclude by arguing for a more rigorous process of post-legislative review, that works holistically rather than through ad-hoc inquiries, to keep our law in proper order.  

Putting aside the Marie Kondo references - anyone who tells me I need fewer books isn't to be trusted in this librarian's opinion - and recognising the ALRC's recent work on Improving the Navigability of Legislation, the idea of "tidying up" Commonwealth statutes does entice. 

For those who do regularly spend there time researching some of this 'dark law', we know this process could be made more efficient through turning on a light. If that means getting the electronic equivalent of some pretty acrylic boxes and a cricut printer keeping things better grouped and, as most librarians strive for, with improved discoverability and access - why not? We can colour code all tax and financial services statutes as green, all administrative arrangement orders as royal blue and any prerogative writs as purple. 

As the da Silva and Isdale piece shows, the numbers of Commonwealth Act pages receiving Royal Assent per year is increasing. Perhaps this increase requires a better way of maintaining a clear statute book - even if this will mean less lawyers are asking us to retrieve the information they need. Not everyone has access to a friendly neighbourhood law librarian to help them out when the dead and dark legislation end up causing, to borrow a phrase from George RR Martin, research that is dark and full of terrors.