The Coronavirus Regulations introduce the most profound set of restrictions on our lives since the WWII.
Neither the original Regulations - nor any of the four sets of amending regulations - were authorised by or even considered by Parliament before taking effect. THREAD.
Neither the original Regulations - nor any of the four sets of amending regulations - were authorised by or even considered by Parliament before taking effect. THREAD.
Last week we wrote to the Government, after the first three sets were made, we wrote to the Government, inviting it to confirm that the procedure would not be used again.
We don't believe there was any good reason - let alone need - to bypass Parliament.
We don't believe there was any good reason - let alone need - to bypass Parliament.
It is unnecessary - indeed counterproductive - to bypass Parliament when making regulations, for reasons that can be seen in our letter (attached here).
They lack legitimacy - and this effect is multiplied when they are flouted by the likes of Cummings.
goodlawproject.org/news/it-is-not…
They lack legitimacy - and this effect is multiplied when they are flouted by the likes of Cummings.
goodlawproject.org/news/it-is-not…
On Thursday - the day before Matt Hancock made the fourth set of emergency regulations - we received a lengthy response from his lawyers. Unsurprisingly, they reject the suggestion of unlawfulness and refuse to confirm he will not re-use the procedure. dropbox.com/s/xnnfcd0i62cy…
We now need to decide whether to challenge the use of a procedure which, entirely bypassing Parliament, has the most profound effects imaginable on how we all live our lives and on how the economic life of the nation functions.
Such a challenge would not be about value judgments on the regulations themselves, or the nature of the restrictions they impose. It would be about proper scrutiny, good governance, and the very democratic legitimacy of the regulations.
When Cummings broke the law the Durham Police Commissioner issued a statement in which he talked of the need to "policing by consent."
Laws that lack legitimacy, including because they are made without Parliament, can also fail for a lack of consent. durham-pcc.gov.uk/News-and-Event…
Laws that lack legitimacy, including because they are made without Parliament, can also fail for a lack of consent. durham-pcc.gov.uk/News-and-Event…
We will make a decision early next week about whether we will challenge the regulations. We need your help. Please sign up here for updates or to support our work. goodlawproject.org/membership/
