TY - JOUR
AU - Lock, Daniella
AU - Londras, Fiona de
AU - Grez Hidalgo, Pablo
PY - 2023
DA - June
TI - Delegated legislation in the pandemic: further limits of a constitutional bargain revealed
JO - Legal Studies
AB - 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.
PB - Cambridge University Press
UR - https://strathprints.strath.ac.uk/86151/
KW - Coronavirus (COVID-19)
ER