The Pandemic and Parliament

This thesis examines the framework for making and scrutinising delegated legislation in the United Kingdom, using the COVID-19 pandemic as a case study. It has been argued since at least the early twentieth century that delegated legislation has not always been properly used, nor has it been subject to substantive scrutiny compared to primary legislation. The pandemic has exposed the flaws and weaknesses in the delegated legislation system in considerable ways and has contributed to the government’s failure to adhere to standards of good governance in its legislative response. This thesis uses legal constitutional research to first establish the proper standard by which the executive should conduct itself, namely good governance. Next, in chapter two an account of the historic development of the current delegated legislation system is undertaken. Finally, in chapter three a case-study on select COVID-19 regulations is conducted. This case study uses the standards established in chapter one, to evaluate the government’s legislative response to the pandemic.