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Parliamentary Scrutiny of Delegated Legislation: Lessons from Comparative Experience

Fleming, TG; Ghazi, T; (2023) Parliamentary Scrutiny of Delegated Legislation: Lessons from Comparative Experience. The Political Quarterly 10.1111/1467-923X.13290. (In press). Green open access

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Abstract

Recent years have seen an increase in the use of delegated legislation to implement major policy decisions in the UK. This has exacerbated the longstanding criticism that Westminster lacks sufficiently robust procedures for parliamentary scrutiny of delegated legislation. However, the UK is not the only country to use delegated legislation, or to face the challenge of ensuring it receives adequate parliamentary scrutiny. This article therefore places the UK system in wider context by comparing it to six other national parliaments. We highlight one comparative strength of the UK system, two weaknesses it shares with the other six cases, and one way in which the UK might learn lessons from elsewhere. Overall, our evidence suggests that no one country offers a clear template for more rigorous parliamentary scrutiny of delegated legislation. Successful reform of the UK's system is likely to require creative procedural innovation.

Type: Article
Title: Parliamentary Scrutiny of Delegated Legislation: Lessons from Comparative Experience
Open access status: An open access version is available from UCL Discovery
DOI: 10.1111/1467-923X.13290
Publisher version: https://doi.org/10.1111/1467-923X.13290
Language: English
Additional information: © 2023 The Authors. The Political Quarterly published by John Wiley & Sons Ltd on behalf of Political Quarterly Publishing Co (PQPC). This is an open access article under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/).
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of S&HS
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of S&HS > Dept of Political Science
URI: https://discovery.ucl.ac.uk/id/eprint/10174055
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