Taking back control? Rule by law(s) and the executive in the post Brexit world

Abstract

Abstract

This article argues that the current reassertion of parliamentary sovereignty is, in fact, the reassertion of the control of the executive (Whitehall), to the detriment of genuine control by parliament (Westminster). Parliament is being used to pass Acts of Parliament to take back control, but with remarkably little scrutiny. And in that process, those Acts are being used to authorize the delegation of significant powers to the executive, largely through ‘Henry VIII’ powers. These powers enable ministers, by secondary legislation, to amend or repeal both primary and secondary legislation. Law is being used to take back control. However, this legal framework can be unstable since it is open to change at any time. Further, the genuine democratic checks on that law are few. The result may be that taking back control from Brussels results in decisions being made by Whitehall, decisions disconnected from, in particular, the sentiments of the devolved administrations and the still large number of people who have never accepted Brexit.