Constitution Watch 8/2019
Can Statutory Instruments Amend
Acts of Parliament?
19 October 2019
• SI 213/2019 of 27th September [link] – Presidential Powers regulations
amending the Exchange Control Act – already noted in Bill Watch 50/2019
[link].
Conclusion
It seems likely that the Constitutional Court will in due course have to decide
whether or not section 134 of the Constitution calls for a broad and rigid rule
that a statutory instrument can never amend an Act of Parliament. Meanwhile,
the Government will have to bear in mind the risk posed by the Mlilo decision
whenever enacting statutory instruments that do so.
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