Source · Select Committees · Human Rights (Joint Committee)
Recommendation 34
34
The current arrangement whereby the domestic courts have powers to issue quashing orders in respect...
Conclusion
The current arrangement whereby the domestic courts have powers to issue quashing orders in respect of a designated derogation Order, but only to make a declaration of incompatibility in respect of a provision of an Act of Parliament reflects the status quo for the powers of the courts in relation to statutory instruments as compared to Acts of Parliament. Moreover, it seems to us to strike the right balance in ensuring respect for Parliamentary sovereignty, whilst also ensuring that acts of the executive that unlawfully violate a person’s human rights are quashed. (Paragraph 225) Parliamentary scrutiny of remedial Orders