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lecture 10-The constitution in context
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The constitution in contextCovid and the constitution: the role of parliament
Parliamentary function of legislative scrutiny
Coronavirus act 2020
- The coronavirus BILL was introduced on March 21 st, 2020
- The coronavirus act received royal assent on March 25 th, 2020
Parliamentary function as a lawmaker and delegated legislation
- Lockdown regulations were not created by primary law but by delegated legislation
Public health and social care act (1984) s45 (c)
- Delegated power to ministers to ‘make regulations ‘to prevent and protect against, the
spread of infectious disease
Parliamentary function of scrutiny of delegated legislation
- Negative approval- delegated legislation is available to MPs and will become law if no
objections are made in a set time frame
- Affirmative approval- delegated legislation can take effect immediately and parliament must
vote to approve, or reject within 28 days
- NB: affirmative approval does not allow for any amendments (all for nothing)
Covid and the constitution: the rule of law
- Law should be accessible and clear
- Law should be applied equally to everyone
Covid and the constitution: the supremacy of parliament and devolution
- Devolved nation (N. Ireland/ Scotland, Wales all had law-making powers to deal with covid)
- Variations across the UK
Half-time summary
Covid highlights issues re:
- Separation of powers (relationship of executive/ legislature)
- Parliamentary supremacy (devolution> delegated legislation)
- Rule of law
- NB: theses slides aren’t enough
What mechanisms exist to ensure members of the legislature follow the rules?
- Speaker of the house regulates behaviour during debates
- MPs’ conduct is governed by the parliamentary code of standards- overseen by the
parliamentary commissioners of standards and the select committee for standards and
privileges
- Ministers (who are also MPs) are also subject to a ministerial code- overseen by the prime
minister who may appoint an ‘ethics advisor’ to investigate breaches or ask a cabinet
secretary to do so
How do we get a new prime minister?
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