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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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
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The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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