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 from the EU, 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, 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.