The Rise of Prospective Henry VIII Clauses and Their Implications for Sovereignty

[2003] Public Law 113

12 Pages Posted: 9 Mar 2016

See all articles by Nicholas W. Barber

Nicholas W. Barber

University of Oxford - Faculty of Law

Alison L. Young

University of Cambridge

Date Written: March 8, 2016

Abstract

The paper considers the operation of statutory clauses which empower a body other than Parliament to alter statutes passed after the empowering statute. It considers the circumstances in which the inclusion of this power is justifiable, and the implications of this power for parliamentary sovereignty and the doctrine of implied repeal.

Keywords: parliamentary sovereignty; Henry VIII clauses; delegated legislation

Suggested Citation

Barber, Nicholas W. and Young, Alison L., The Rise of Prospective Henry VIII Clauses and Their Implications for Sovereignty (March 8, 2016). [2003] Public Law 113 , Available at SSRN: https://ssrn.com/abstract=2744709

Nicholas W. Barber (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

Alison L. Young

University of Cambridge ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

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