4 Legislating for Seismic Events: An Examination of the Role of Delegated Legislation
-
Alexandra Sinclair
Abstract
Brexit was to be the biggest challenge faced by the British administrative state before the arrival of COVID-19. Westminster relied on delegated legislation to respond to both events. This chapter examines the way that Parliament was sidelined during the process of legislating for exiting the European Union and COVID-19. It uses specific examples from those two contexts and links them directly to much more longstanding debates about the role of delegated legislation in the UK’s constitutional system.
Abstract
Brexit was to be the biggest challenge faced by the British administrative state before the arrival of COVID-19. Westminster relied on delegated legislation to respond to both events. This chapter examines the way that Parliament was sidelined during the process of legislating for exiting the European Union and COVID-19. It uses specific examples from those two contexts and links them directly to much more longstanding debates about the role of delegated legislation in the UK’s constitutional system.
Chapters in this book
- Front Matter i
- Contents v
- Table of Cases, Statutes, Statutory Instruments and Other Jurisdictions ix
- Notes on Contributors xiv
- Series Editors’ Preface xv
- Introduction 1
-
Constitutional Structures and Concepts
- The Rule of Law and Racial Difference in the British Empire 15
- Parliamentary Supremacy and the People 35
- Strong Executive, Weak Parliament? 53
- Legislating for Seismic Events: An Examination of the Role of Delegated Legislation 71
- Scotland, Devolution and Independence: A Union at its Limits? 91
- Diverse Voices in the Judiciary 119
-
The Individual and the State
- The Begum Case, Discretion and Parliamentary Sovereignty: Unmaking the Constitutional Subject 143
- Racialisation in UK Counterterrorism Law and Policy 163
- Racism, Law and the Police: Over 50 Years of Anti-discrimination Law and Policing 185
- The Administration of Social Security Benefits: Gendered Implications 205
- Administrative Violence: First-Instance Decision Making in Sexual Diversity Asylum Claims 223
- A More Diverse Public Law: Suggested Further Reading 243
- Index 247
Chapters in this book
- Front Matter i
- Contents v
- Table of Cases, Statutes, Statutory Instruments and Other Jurisdictions ix
- Notes on Contributors xiv
- Series Editors’ Preface xv
- Introduction 1
-
Constitutional Structures and Concepts
- The Rule of Law and Racial Difference in the British Empire 15
- Parliamentary Supremacy and the People 35
- Strong Executive, Weak Parliament? 53
- Legislating for Seismic Events: An Examination of the Role of Delegated Legislation 71
- Scotland, Devolution and Independence: A Union at its Limits? 91
- Diverse Voices in the Judiciary 119
-
The Individual and the State
- The Begum Case, Discretion and Parliamentary Sovereignty: Unmaking the Constitutional Subject 143
- Racialisation in UK Counterterrorism Law and Policy 163
- Racism, Law and the Police: Over 50 Years of Anti-discrimination Law and Policing 185
- The Administration of Social Security Benefits: Gendered Implications 205
- Administrative Violence: First-Instance Decision Making in Sexual Diversity Asylum Claims 223
- A More Diverse Public Law: Suggested Further Reading 243
- Index 247
