Such continuing capacity is based on a theory of necessity that in default of any other authority the outgoing legislature can provide for such legal steps as are essential and proportionate to facilitate the elections to put in place the new legislature, and perhaps a capacity limited to maintenance of government. With no intention to be prescriptive, it seems relevant considerations might be the political sensitivity of the action, the permanence/ability of the new parliament to effectively repeal the action, the impact on human rights, the political mandate for the action (i.e. was it part of the manifesto), and the necessity of the action.