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The Sunday Trading Battle in England and Wales

The regulation of Sunday trading provides a paradigm case of conflict between market liberalism and older notions of conservatism. Although such conflict has been apparent in many Western economies, it has perhaps been most acute in recent years in the United Kingdom. The only significant parliamentary defeat in Mrs Thatcher’s long premiership occurred in 1986 when her administration attempted to deregulate shop opening hours in England and Wales. This defeat was brought about by an unusual combination of political, social and religious, as well as economic, interests. Since then, while there has been no further attempt to legislate in this area, the issue has become entangled with questions about the division between UK and EC jurisdiction. As a result of the confusion about the legal position, a de facto liberalisation of shopping hours occurred in 1991 with large numbers of stores opening on Sunday with apparent impunity—including national retail chains not usually known for their willingness to flout the law.