'Government by decree - Covid-19 and the Constitution': Lord Sumption
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14 views • November 02, 2020
On 27 October 2020 Lord Sumption delivered the 2020 Cambridge Freshfields Lecture entitled "Government by decree - Covid-19 and the Constitution".

The disputes over Brexit last year saw an attempt to make the executive, not Parliament, the prime source of authority in the Constitution. The coronavirus crisis has provoked another attempt to marginalise Parliament, this time with the willing acquiescence of the House of Commons. Is this to be our future?

During the Covid-19 pandemic, the British state has exercised coercive powers over its citizens on a scale never previously attempted. It has taken effective legal control, enforced by the police, over the personal lives of the entire population: where they could go, whom they could meet, what they could do even within their own homes. For three months it placed everybody under a form of house arrest, qualified only by their right to do a limited number of things approved by ministers. All of this has been authorised by ministerial decree with minimal Parliamentary involvement. It has been the most significant interference with personal freedom in the history of our country. We have never sought to do such a thing before, even in wartime and even when faced with health crises far more serious than this one.
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