Notwithstanding the Backbench: Section 33 in Non-Government Bills

Abstract

This article will not address the mechanics of notwithstanding clause, the arguments for and against its use, or how courts should approach its invocation — all of this has received extensive academic attention. Rather, the purpose of this article is to fill a narrow gap in the literature regarding the history of federal non-government bills introduced with a notwithstanding clause based on publicly available information. It will do so in three parts: first, it will briefly present some relevant parliamentary vocabulary and concepts; second, it will review the individual bills at issue, sorted by theme; and finally, it will conclude with brief comments and directions for future research.