"Henry ? Clause" Study

The "Henry ? Clause" is a special type of delegated legislation in Britain,which has been controversial since its inception in the mid of 16 Centre.The greatest challenge to "Henry ?Clause”is undermining badly the principle of parliamentary sovereignty.The principle of parliamentary sovereignty is the fundamental principle of the British Constitution.Why did "Henry? Clause" have such a destructive force in the British legal system for nearly 500 years?Meanwhile it was used more and more after World War ??The study of "Henry ? Clause is a systematic work of law,which covers many interdisciplinary fields such as legislation,constitution,administrative law,politics,sociology,history,economics and so on.The logical frame of the thesis is from universality(delegated legislation)to particularity(Henry ? clause),focusing on the principle of parliamentary sovereignty,studying and analyzing how delegated legislation and Henry ? clause erode the principle of parliamentary sovereignty.It reveals that the reason for the rise and fall of parliamentary sovereignty principle is actually the indirect result of British"administrative centralization".At last,the thesis expounds the legal value of "Henry viii clause in improving legislative efficiency and system design under the unique national conditions of Britain.However,no system is perfect.When the British government requests authorization in the bills,it has the problem of unclear interpretation of the use of power.This thesis puts forward some suggestions on the Intelligible Principle.British legal system and political system are quite different from China,but there are also problems of unclear authorization in Chinese delegated legislation,which is deep-seated in many aspects.Britain's experience and lessons are worth learning,but they can not be blindly copied.We must take the road of rule of law with Chinese characteristics in accordance with our national conditions and current situation.