Tag: delegated power
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Stephen Tierney and Alison L. Young: The House of Lords Constitution Committee Reports on the Illegal Migration Bill
The Constitution Committee has released its report on the Illegal Migration Bill 2022-23. The Committee raises a number of concerns, including its potential impact on the rule of law, human rights, devolution, delegated powers, and parliamentary scrutiny. We await the report of the Joint Committee on Human Rights which will most likely comment in more…
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Ronan Cormacain: The rise and rise of the super-enabling clause
It has become increasingly popular to include what I term a ‘super-enabling clause’ in primary legislation. It is my contention these clauses are bad for democracy and the rule of law. A regular enabling clause grants a minister the power to make secondary legislation on a specific point. A super-enabling clause is broader and less…
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Kenneth Armstrong: Governing With or Without Consent – The United Kingdom Internal Market Act 2020
The United Kingdom Internal Market Act has become law, receiving Royal Assent shortly before MPs and Lords departed the Palace of Westminster for the holidays. The controversial provisions in Part 5 conflicting with the EU-UK Withdrawal Agreement and Northern Ireland Protocol – previously discussed by me here – have been removed following the outcome of…
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David Kershaw: Revolutionary Amnesia and the Delegated Nature of Prerogative Power
“Left” in the Hands of the Crown The extent to which an exercise of prerogative power can be subject to judicial review, as well as the nature of such review, are umbilically connected to the nature and source of prerogative power. But what is the nature of the prerogative powers exercised by the Crown today—how…