Legislative and judicial scrutiny of the emergency response to the pandemic in the UK : stubborn accountability gaps

Grez Hidalgo, Pablo (2023) Legislative and judicial scrutiny of the emergency response to the pandemic in the UK : stubborn accountability gaps. Edinburgh Law Review, 27 (3). pp. 310-321. ISSN 1364-9809 (https://doi.org/10.3366/elr.2023.0849)

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Abstract

I am thankful for having the opportunity comment on the thought provoking and insightful papers by Adam Tomkins and by Tom Hickman and Joe Tomlinson. Both explore the practice of legal and political accountability in the UK and raise serious questions concerning their effectiveness to hold government to account in the emergency context. The history that emerges is too familiar in emergency contexts, namely one of an empowered government exercising delegated law-making powers subject to the weakest form of legislative scrutiny. Of a legislature that is unable to shape policy choices and to scrutinise governmental decision-making in meaningful ways. And of courts generally being unable and unwilling to fill –even to a limited extent– these accountability gaps due to the fast pace of coronavirus regulation-making, which results in most claims becoming academic by the time the courts consider them.

ORCID iDs

Grez Hidalgo, Pablo ORCID logoORCID: https://orcid.org/0000-0002-7793-2709;
  • Item type:Article
    ID code:86419
    Dates:
    Date
    Event
    12 October 2023
    Published
    20 June 2023
    Accepted
    Notes:This is an Accepted Manuscript of an article published by Edinburgh University Press in Edinburgh Law Review. The Version of Record is available online at: http://www.euppublishing.com/doi/10.3366/elr.2023.0849
    Subjects:Law
    Department:Faculty of Humanities and Social Sciences (HaSS) > Strathclyde Law School > Law
    Depositing user: Pure Administrator
    Date deposited:08 Aug 2023 12:03
    Last modified:19 Nov 2024 01:18
    Related URLs:
    URI:https://strathprints.strath.ac.uk/id/eprint/86419
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