The United Kingdom Internal Market Bill is proposed legislation regulating the internal market of goods
in the United Kingdom. Clauses 42 and 43 of the Bill authorise the Executive to enact delegated
legislation (in particular, ‘Regulations’) and clearly state that any Regulations made under these clauses will be valid even if they breach domestic or international law, including decisions of the courts.
Clause 45 then goes on to repeat that clauses 42 and 43 (and Regulations made under them) have
effect ‘notwithstanding any relevant international or domestic law with which they may be incompatible or inconsistent’.
Below is an extract from the second reading of the Bill in the House of Lords. Identify and discuss what
Lord Judge has to say about (i) delegated legislation and the rule of law and
(ii) parliamentary
sovereignty and the constitution. For extra points, discuss his comment on
(iii) international law.
You do not need to engage with the substantive content of the Bill, namely with internal market
arrangements. You must focus on how the idea behind clauses 42 and 43 affects long-established
principles of public law.
