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Delegated Legislation

Oliver Garner and Tom West: Brexit ‘Freedoms’, Risks and Opportunities? Certainty and uncertainty in the revision of retained EU Law

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On 31 January 2022, the second anniversary of the UK’s withdrawal from the European Union, the UK government proposed a […]

UKCLA February 17, 2022 Brexit

Joe Tomlinson, Lewis Graham, and Alexandra Sinclair: Does judicial review of delegated legislation under the Human Rights Act 1998 unduly interfere with executive law-making?

The relationship between delegated legislation and the Human Rights Act 1998 (HRA) is seemingly becoming a more contentious […]

UKCLA February 22, 2021 Administrative law, Human rights, Judicial review, UK government, UK Parliament

Theodore Konstadinides and Riccardo Sallustio: Clause 26 of the European Union (Withdrawal Agreement) Bill 2019-20: An Exercise of Constitutional Impropriety?

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The European Union (Withdrawal Agreement) Bill 2019-20 will pave the way for the UK to ratify the UK-EU […]

Constitutional Law Group January 14, 2020 Europe, European Union, Human rights, Judicial review, UK government

Alexandra Sinclair and Joe Tomlinson: Brexit Delegated Legislation: Problematic Results

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When Bills containing broad delegated law-making powers are making their way through Parliament, concerns are often expressed about […]

Constitutional Law Group January 9, 2020 UK Parliament

Jeff King and Stephen Tierney: The Constitution Committee Reports on the European Union (Withdrawal Agreement) Bill

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The European Union (Withdrawal Agreement) Bill will make no further progress before the general election. The Bill is […]

Constitutional Law Group November 7, 2019 Europe, European Union, Northern Ireland, UK government, UK Parliament

Adam Tucker: A First Critical Look at the Scrutiny of Delegated Legislation in the Withdrawal Agreement Bill

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In this post, I make a preliminary attempt at assessing the provision made in the EU (Withdrawal Agreement) […]

Constitutional Law Group October 24, 2019 Europe, European Union, UK government, UK Parliament

Alexandra Sinclair and Joe Tomlinson: Making Parliamentary Accountability Effective: Prorogation, No Deal Brexit, and Statutory Instruments (Part 3)

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Unless you have been living in a nuclear bunker, you will know that the UK Supreme Court held […]

Constitutional Law Group October 1, 2019 Judicial review, UK government, UK Parliament

Lorne Neudorf: The Constitutional Position of Delegated Legislation after Cherry/Miller (No 2)

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  Following the highly anticipated decision of the UK Supreme Court in Cherry/Miller (No 2), commentators have weighed in […]

Constitutional Law Group September 27, 2019 Judicial review, UK government, UK Parliament

Jeff King: Miller/Cherry and Remedies for Ultra Vires Delegated Legislation

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The issue of remedies for any finding that the 2019 prorogation of the UK Parliament is unlawful is […]

Constitutional Law Group September 19, 2019 Judicial review, UK government, UK Parliament

Alexandra Sinclair and Joe Tomlinson: Brexit, Primary Legislation, and Statutory Instruments: Everything in Its Right Place?

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Legislation to enable Brexit is progressing through Parliament. This includes the Immigration and Social Security Bill, the Fisheries […]

Constitutional Law Group March 25, 2019 Europe, European Union, UK government, UK Parliament

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