1. Delegated legislation in the pandemic: further limits of a constitutional bargain revealed.
- Author
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Lock, Daniella, de Londras, Fiona, and Hidalgo, Pablo Grez
- Subjects
DELEGATED legislation ,SOVEREIGNTY ,COVID-19 pandemic ,CONSTITUTIONAL law - Abstract
The challenge that delegated legislation poses to parliamentary sovereignty and associated supremacy in the UK is purportedly addressed through what we term the 'constitutional bargain of delegated law-making'. This has three elements: the proper limitation of delegation by Parliament through well-designed parent legislation; the exercise of self-restraint by the Executive in the use of delegated authority; and the enablement of meaningful scrutiny by Parliament. As a paradigm situation in which delegated law-making might be said to be necessary, the first year of the Covid-19 pandemic is an apposite context in which to assess the robustness of that bargain. Our analysis uses a sample of Westminster-generated pandemic-related secondary instruments as a peephole into the broader dynamics of this constitutional bargain and further reveals its significant frailties; frailties that are exposed, but not created, by the pandemic. [ABSTRACT FROM AUTHOR]
- Published
- 2023
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