Tuesday, 17 January 2017

Henry VIII powers: their uses and criticisms

Popular commentary focuses on his marital adventures, but Henry VIII casts a long constitutional shadow today

Given the likelihood of the Government using 'Henry VIII powers' under the Statute of Proclamations in relation to the so-called 'Great Repeal Bill', it is useful to look at the full briefing provided by the House of Commons Library in Chapter 5 of this report on how these powers might be used and criticisms of their use: Henry VIII powers

Once again it is the unelected House of Lords that intends to give the Government a hard time over the use of these powers, although the Government has indicated that if they cause too much trouble it will revive proposals to curb their ability to block statutory instruments.

For some the use of powers devised by Henry VIII in one of his more absolutist moments is profoundly undemocratic. Others see the survival of such powers as a means of facilitating effective executive government in times of difficulty.

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