영국의 행정입법 통제와 의회민주주의

Control over Delegated Legislation and Parliamentary Democracy in the United Kingdom

This study examined the principle and nature of the parliament and analyzed its sovereignty in the process of delegated legislation of the United Kingdom. Since 20th century, we have witnessed that the number of the delegated legislation has increased in the Parliament of the United Kingdom. Scholars claim that delegated legislation is rooted in the parliamentary sovereignty. In the UK, parliament has unlimited legal power to enact law. Therefore, it can be believed that parliament is not only political institution to enact law. In other words, other political institutions can be vested with the power of legislating any laws by decision from the Parliament. In the UK, the nature of this process can be explained by the principle of parliamentary sovereignty. By contrast, some scholars argue that delegated legislation should be limited not to enact law so long as it affects to citizen's rights and duties. However, many scholars conclude that delegated legislation is unavoidable to explain the parliamentary sovereignty in the UK. In the UK, control over delegated legislation has not been checked by judiciary or executive. Rather it is understood as one of the parliamentary functions.