Weekly Update

The publication of the European Union (Withdrawal Agreement) Bill ("the WAB") on Monday this week, and the House of Commons insistence that Parliament have a proper opportunity to scrutinise it carefully, was an important moment for the Rule of Law in the UK, demonstrating that upholding the Rule of Law is not just the job of courts, but a shared responsibility amongst all branches of government, including Parliament.

The WAB is a major constitutional measure which raises a number of Rule of Law issues, not least the extensive delegation of law-making powers to the Executive and the protection of the rights and legitimate expectations of EU citizens. But the major Rule of Law concern raised by the WAB's appearance this week was the Government's plan to give the Commons less than a week to scrutinise the Bill.

As the Supreme Court recently reminded the Government, under our constitutional arrangements Parliament is supreme over the Executive. This is inherent in our political system's commitment to the Rule of Law, and it also precludes the Government from rushing major constitutional changes through Parliament without the opportunity for serious scrutiny.

By rejecting the Government's programme motion for this constitutionally momentous piece of legislation, and defending Parliament's ability to engage in rigorous public scrutiny of a legislative proposal before it is enacted, the House of Commons was giving practical life to the Rule of Law principle that law-making procedures must satisfy certain minimum standards, including sufficient time for meaningful scrutiny, commensurate with the significance of the law in question.

Read our full Weekly Update here