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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

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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