European Law: Act of Parliament
European Law: Act of Parliament
An Act of Parliament may grant the power to make statutory instruments, usually to a Minister of the Crown. The scope of this power can vary greatly, from the technical (e.g. varying the dates on which different provisions of an Act will come into force or changing the levels of fines or penalties for offences) to much wider powers such as filling out the broad provisions in Acts. Often, Acts only contain a broad framework and statutory instruments are used to provide the necessary details that would be considered too complex to include in the body of an Act. Statutory instruments can also be used to amend, update, or enforce existing primary legislation’. Emily Finch and Stefan Fafinski, Legal Skills (6th edn, Oxford University Press 2017) 13.
In the light of this statement, and the European Union (Withdrawal) Bill, evaluate the advantages and disadvantages of statutory instruments, the most important type of delegated legislation.
Your answer should be written as an essay.
Using the Westlaw UK online database and the Supreme Court site
https://www.supremecourt.uk/watch/uksc-2015-0233/judgment.html undertake a research exercise for the case of
R (on the application of Unison) v Lord Chancellor [2017] UKSC 51; [2017] 3 WLR 409 (SC).
1. Name the judges hearing the case in the Supreme Court.
2. Provide the date of the judgment in the Supreme Court.
