Nicholas Kilford: Interpreting The Devolution Statutes – UK Constitutional Law Association

Posted May 28th, 2024 in devolution, news, statutory interpretation by tracey

‘Throughout the life of devolution, the courts appear to have diverged on how to properly determine the scope and limits of devolved lawmaking power, and the extent to which norms and principles not expressly contained in the text of the devolution statutes can usefully sculpt or inform those statutes’ interpretation.’

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UK Constitutional Law Association, 28th May 2024

Source: ukconstitutionallaw.org

Scottish court rules UK government veto of gender recognition bill lawful – The Guardian

Posted December 8th, 2023 in bills, devolution, devolution issues, equality, gender, news, Scotland, transgender persons by michael

‘In a ruling that will disappoint LGBTQ+ campaigners and offers a boost to Rishi Sunak at the end of a difficult week, Lady Haldane rejected the Scottish government’s petition to rule the UK government’s section 35 veto – contained in the 1998 Scotland Act, which created the devolved parliament – as unlawful.’

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The Guardian, 8th December 2023

Source: www.theguardian.com

Stephen Tierney and Alison L. Young: The House of Lords Constitution Committee Reports on the Illegal Migration Bill – UK Constitutional Law Association

‘The Constitution Committee has released its report on the Illegal Migration Bill 2022-23. The Committee raises a number of concerns, including its potential impact on the rule of law, human rights, devolution, delegated powers, and parliamentary scrutiny. We await the report of the Joint Committee on Human Rights which will most likely comment in more detail on the implications of the Bill for the United Kingdom’s international obligations.’

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UK Constitutional Law Association, 23rd May 2023

Source: ukconstitutionallaw.org

Gordon Guthrie: Brown vs Dewar – The Labour Commission on the UK’s Future – UK Constitutional Law Association

‘With the publication of Labour’s Commission on the UK’s Future it is worth contrasting the approach that Gordon Brown and his colleagues have taken with the very successful devolutionary legacy of Donald Dewar.’

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UK Constitutional Law Association, 8th February 2023

Source: ukconstitutionallaw.org

Gender row legal challenge likely to fail – judge – BBC News

Posted January 19th, 2023 in bills, birth certificates, devolution, equality, gender, news, Scotland, transgender persons by tracey

‘The Scottish government’s chances of winning a legal challenge over the gender reform row are “very low”, a former Supreme Court judge has said.’

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BBC News, 18th January 2023

Source: www.bbc.co.uk

Rishi Sunak blocks Scotland’s gender recognition legislation – The Guardian

Posted January 17th, 2023 in bills, birth certificates, devolution, news, Scotland, transgender persons by sally

‘Rishi Sunak’s government has blocked legislation passed by the Scottish parliament that would make Scotland the first part of the UK to introduce a self-identification system for people who want to change gender.’

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The Guardian, 16th January 2023

Source: www.theguardian.com

Chris Himsworth: Referendum Bill Consequentials – UK Constitutional Law Association

‘At paras 56-57 of their judgment, the court in Reference by the Lord Advocate of devolution issues ([2022] UKSC 31) declared: “The central issue is whether legislation for a referendum on Scottish independence would relate to a reserved matter…. The critical question is accordingly whether the proposed Bill would relate to the Union of the Kingdoms of Scotland and England or the Parliament of the United Kingdom”.’

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UK Constitutional Law Association, 29th November 2022

Source: ukconstitutionallaw.org

New Judgment: Reference by the Lord Advocate of devolution issues under paragraph 34 of Schedule 6 to the Scotland Act 1998 [2022] UKSC 31 – UKSC Blog

‘The Scottish Government drafted a Scottish Independence Referendum Bill which makes provision for a referendum on the question, “Should Scotland be an independent country?”. Under the Scotland Act 1998 (“the Scotland Act”), the power of the Scottish Parliament to make legislation (or its “legislative competence”) is limited. A provision of a Bill will be outside the legislative competence of the Scottish Parliament and therefore not law if it relates to the matters which have been reserved to the United Kingdom Parliament in Westminster (sections 29(1) and (2)(b)). These reserved matters include “the Union of the Kingdoms of Scotland and England” and “the Parliament of the United Kingdom” (Schedule 5, paragraphs 1(b) and (c)).’

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UKSC Blog, 23rd November 2022

Source: ukscblog.com

Supreme court rules against Scottish parliament holding new independence referendum – The Guardian

‘The Scottish parliament cannot hold a second independence referendum without Westminster approval, the UK supreme court has ruled, in a unanimous judgment likely to anger Scottish nationalists who say the country’s future is for Scottish voters to decide.’

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The Guardian, 23rd November 2022

Source: www.theguardian.com

What is the supreme court’s Scottish independence ruling about? – The Guardian

‘All you need to know about decision on whether Scotland can hold new referendum without Westminster approval.’

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The Guardian, 23rd November 2022

Source: www.theguardian.com

Stephen Tierney: The Lord Advocate’s Reference: Referendums and Constitutional Convention – UK Constitutional Law Association

‘Section 29(1) of the 1998 Act provides that an Act of the Scottish Parliament is not law so far as any provision of the Act is outside the legislative competence of the Parliament. A provision is outside that competence so far as it “relates to reserved matters” (s.29(2)(b)), and whether or not it relates to a reserved matter is to be determined by “reference to the purpose of the provision, having regard (among other things) to its effect in all the circumstances” (s.29(3)).’

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UK Constitutional Law Association, 4th October 2022

Source: ukconstitutionallaw.org

Research briefing: Scottish independence referendum: legal issues – House of Commons Library

Posted August 3rd, 2022 in devolution, news, parliament, referendums, Scotland by tracey

‘A briefing paper on the legal issues surrounding a Scottish independence referendum.’

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House of Commons Library, 2nd August 2022

Source: commonslibrary.parliament.uk

Supreme Court date for indyref2 case set for 11 October – BBC News

Posted July 21st, 2022 in devolution, news, referendums, Scotland, Supreme Court by sally

‘A key court case that could allow the Scottish Parliament to legislate for another independence referendum will hear arguments in October, the Supreme Court has said.’

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BBC News, 21st July 2022

Source: www.bbc.co.uk

UK government asks Supreme Court to dismiss indyref2 case – BBC News

‘The UK government has urged judges to dismiss the Scottish government’s request for a ruling on whether it has the power to hold indyref2.’

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BBC News, 13th July 2022

Source: www.bbc.co.uk

Anurag Deb and Nicholas Kilford: The UK Internal Market Act: Devolution Minimalism and the Competence Smoke Screen – UK Constitutional Law Association

Posted July 6th, 2022 in constitutional law, devolution, devolution issues, news, Scotland by sally

‘The UK’s territorial constitution is, at present, under a great deal of pressure. Those familiar with one force unsettling the devolution framework — the attempts to override the Northern Ireland Protocol — will no doubt recall the legislation that first countenanced a similar approach: the UK Internal Market Act 2020 (UKIMA). This piece of legislation is, however, once again causing its own stir, this time in the form of a clash between Scottish and UK ministers over gene-editing regulations.’

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UK Constitutional Law Association, 4th July 2022

Source: ukconstitutionallaw.org

Devolved powers and the internal market post-Brexit – UK Human Rights Blog

‘R (on the Application of the Counsel General for Wales) v Secretary of State for business, Energy and Industrial Strategy [2022] EWCA Civ 118. The Court of Appeal decision handed down on 9th February 2022 is an important case concerning devolved powers.’

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UK Human Rights Blog, 3rd March 2022

Source: ukhumanrightsblog.com

Vernon Bogdanor: Reply to McHarg and Young – UK Constitutional Law Association

Posted September 15th, 2021 in brexit, constitutional law, devolution, human rights, London, news, parliament by tracey

‘Aileen McHarg and Alison Young believe that the new British constitution, which I wrote about in my book of that name published in 2009 is less securely based than I suggested. The pillars of that new constitution were, I argued, the Human Rights Act, the devolution settlement, the referendum, and the new arrangements for the government of London which provided for Britain’s first directly elected mayor.’

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UK Constitutional Law Association, 14th September 2021

Source: ukconstitutionallaw.org

‘English votes for English laws’ to be scrapped in government bid to revive the Union – The Independent

Posted July 9th, 2021 in bills, devolution, news, parliament, Scotland by michael

‘The law designed to prevent Scottish MPs from voting down legislation affecting England only will be axed, in a new government bid to revive the Union.’

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The Independent, 8th July 2021

Source: www.independent.co.uk

Gareth Evans: The Senedd Election and the Constitutional Prospects for Welsh Devolution – UK Constitutional Law Association

‘On 6 May 2021, the people of Wales went to the polls in the sixth Senedd election. More so than in previous Senedd elections, the focus of the debate centred around a catalogue of distinctly Welsh political issues, including the constitutional future of the Welsh devolution settlement. Among the constitutional possibilities offered to voters at the election were proposals for both the abolition of the Senedd and Welsh independence, together with the more muted options of maintaining the constitutional status quo, or seeking the devolution of additional powers in areas such as justice and policing, transport and broadcasting.’

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UK Constitutional Law Association, 13th May 2021

Source: ukconstitutionallaw.org

Carwyn Jones: Is Dicey dicey? – UK Constitutional Law Association

Posted January 18th, 2021 in constitutional law, devolution, news, parliament, rule of law, Supreme Court by sally

‘For nearly a hundred and fifty years, parliamentary sovereignty or supremacy (the terms are used interchangeably) has been taken as immutable and unchanging by the UK Parliament and the courts. As devolution has developed, the concept deserves greater examination to see whether the concept is as sound as it has been supposed.’

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UK Constitutional Law Association, 18th January 2021

Source: ukconstitutionallaw.org