Sunset clauses and post-legislative scrutiny: Bridging the gap between potential and reality

Sunset clauses set an expiration date on a particular law or set of provisions. The expiration is either automatic or subject to a positive or negative authorisation by the legislature.

Sunset clauses were in high demand in COVID-19 acts and regulations, with the main function to ensure that the restrictive measures adopted to respond to the pandemic extended no longer than necessary.

To launch the latest publication in WFD's PLS series, this event will examine the relevance, mechanics and the practical lessons learned of using sunset clauses.

The publication, which includes a Foreword by Lord Norton of Louth, explores three key areas:

How those involved in both drafting and reviewing emergency legislation might bridge the gap between the potential of sunset clauses and the realities that often arise
The essential features of effective sunset clauses that can promote legal certainty and democratic deliberation
How sunset clauses can only provide effective safeguards for legal certainty and democracy if they are well drafted and accompanied by substantive review processes

Read the report