‘In her excellent and informed critique of the Supreme Court’s judgment in For Women Scotland v The Scottish Ministers [2025] UKSC 16 (“FWS”), Crash Wigley notes that in its judgment the Court neglects to address several important issues, including the human rights consequences of the “biological sex” interpretation favoured by the Court. My own discussion of the judgment is meant to complement Wigley’s criticism. I will focus on more straightforward interpretive problems with the Court’s judgment, which support the conclusion that the Court could have pursued an interpretation of the statute compatible with Convention rights.’
UK Constitutional Law Association, 22nd May 2025
Source: ukconstitutionallaw.org
