Ceding Power to the Executive: The Resurrection of Henry VIII
Lord Judge
Ceding Power to the Executive:
The Resurrection of Henry VIII
The sovereignty of Parliament is the core principle of the British constitution. The proliferation of Henry VIII clauses and the limitation on the powers of either House to scrutinise and reject them undermines this principle. In this lecture Lord Judge addresses the diminution of parliamentary control over the executive.
The term Henry VIII clause, derived from the Statute of Proclamations 1539, has over the years come to be regarded as the high water mark of Parliamentary subservience. To this day, provisions which provide ministers with the power to change primary legislation through delegated legislation are described as Henry VIII clauses. Yet modern Henry VIII clauses go much further than the Statute of Proclamations ever permitted.
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