The first comprehensive study of the delegated legislation system in nearly a century, The Devil is in the Detail: Parliament and Delegated Legislation opens up the process, exploring how decisions are made about what goes in to primary and what goes in to delegated legislation, and who makes them.
Most of the UK’s general public law is made not through Acts of Parliament but through delegated (or secondary) legislation generally in the form of Statutory Instruments. It is crucial to the effective operation of government from the social security system to immigration rules, legal aid to food labelling, rubbish bin collections to the national curriculum. But despite the volume and importance of such legislation, remarkably little public and media attention is paid to it.
The Devil is in the Detail: Parliament and Delegated Legislation opens up the delegated legislation process, exploring how decisions are made about what goes in to primary and what goes in to secondary legislation and who makes them. It looks at the evolution of delegated legislation, how the process works in both Houses of Parliament, and examines a number of legislative case studies that illustrate different aspects of the flaws and defects in the current system.
The Devil is in the Detail: Parliament and Delegated Legislation concludes that the present system of scrutiny is broken and sets out a range of recommendations for comprehensive reform.
Table of contents
- Context and history: delagated legislation through the years
- The life-cycle: delegating power in the parental Act
- The life-cycle: Statutory Instruments
- Public Bodies Act 2011
- Draft Deregulation Bill 2013
- Localism Act 2011
- Welfare Reform Act 2012
- Policing and Crime Act 2009
- Banking Act 2009
- The efficacy of the parliamentary scrutiny process