Why Henry VIII Clauses Should be Consigned to the Dustbin of History

Why Henry VIII Clauses Should be Consigned to the Dustbin of History

Henry VIII clauses by which Acts of Parliament may be changed by delegated legislation are a constitutional anomaly. They are derived from a time when the Crown exercised absolute power. In the modern age they have the potential to subvert the sovereignty of parliament and substitute executive tyranny. This talk examines the history and modern uses of such clauses and explains why they should have no place in our post-1688 Glorious Revolution settlement.

Author: Richard Gordon QC

Publication date: November 6 2015

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Public Law