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statutory instruments

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

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

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

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: Eliminating Effective Scrutiny: Prorogation, No Deal Brexit, and Statutory Instruments (Part 2)

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Last week, we posted an analysis of the position vis-à-vis Brexit legislation, both primary and delegated, in view […]

Constitutional Law Group September 17, 2019 European Union, UK government, UK Parliament

Alexandra Sinclair and Joe Tomlinson: Eliminating Effective Scrutiny: Prorogation, No Deal Brexit, and Statutory Instruments

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The decision to prorogue Parliament does not only have implications for whether Parliament can prevent a no deal […]

Constitutional Law Group September 4, 2019 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

Alexandra Sinclair and Joe Tomlinson: Deleting the Administrative State?

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A key public law discussion in recent months concerns the vast number of statutory instruments (SIs) government is […]

Constitutional Law Group February 7, 2019 Administrative law, Europe, European Union, UK government

Lorne Neudorf: Scrutinising Legislative Reform Orders: The Case of the Horserace Betting Levy

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On Wednesday, 21 November, the House of Lords Delegated Powers and Regulatory Reform Committee (the ‘Lords Committee’) held […]

Constitutional Law Group December 5, 2018 Australia, Canada, New Zealand, UK Parliament

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