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28 April 2023
Issue: 8022 / Categories: Features , Public , Constitutional law
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Who makes UK law?

Is the current approach to delegated legislation undermining the constitutional balance between executive & legislature? Nick Wrightson discusses the need for greater oversight
  • Today, most UK laws are made by government ministers with little parliamentary involvement, risking potentially serious consequences.
  • Tighter control over the use of delegated legislation is now required. A better system of scrutiny needs to be introduced. A reassertion of the boundary line between primary and delegated legislation is also called for.

Who makes UK law? Most people’s instinctive answer is likely to be that Parliament does. In recent years, Brexit has suffused our public debate with talk of restoring the supremacy of the Westminster Parliament, unfettered by EU laws made elsewhere. Muddying the waters a little, some have criticised ‘judicial overreach’ on the basis that, in our parliamentary democracy, responsibility for determining and changing our laws (as opposed to interpreting and applying them) should sit with Parliament, not unelected judges. Again, the central idea here is that legislative power rightly rests with Parliament.

A more nuanced response might, however,

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MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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