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

Keith Bush and Huw Pritchard: Implications of the Independent Review of Administrative Law for Devolved Government in Wales – UK Constitutional Law Association

‘The devolution of legislative and executive powers to Scotland, Wales and Northern Ireland has now been a feature of the UK constitution for over 20 years. The three devolution settlements establish patterns of governance for the devolved territories which involve a delicate balance between the proper spheres of activity of devolved and UK institutions. Any major reform affecting the powers of one level of government inevitably impacts on the other. As the history of the implementation of the UK’s decision to withdraw from the EU has demonstrated, failure to consider, from the outset, the impact on devolved government of proposed measures, on the misconceived grounds that those measures only strictly relate to matters reserved to the UK level of government, inevitably leads to unpredicted consequences, legislative complexity and an enhanced level of political controversy.’

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UK Constitutional Law Association, 22nd October 2020

Source: ukconstitutionallaw.org

Jeff King and Stephen Tierney: The House of Lords Constitution Committee reports on the United Kingdom Internal Market Bill – UK Constitutional Law Association

‘The United Kingdom Internal Market Bill is something of an imperfect storm, provoking the ire both of the devolved authorities who consider it an unacceptable circumscription of devolved competence and those aghast that the Bill empowers ministers to act contrary to the UK’s international obligations. Today the Constitution Committee reports on the measure and doesn’t pull its punches. Its highly critical analysis is informed by several evidence sessions involving academics, legal experts and prominent parliamentarians including the Lord Chancellor.’

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UK Constitutional Law Association, 16th October 2020

Source: ukconstitutionallaw.org

Christopher McCorkindale, Aileen McHarg and Tom Mullen: The Continuity Bill is Dead; Long Live the Continuity Bill – Regulatory Alignment and Divergence in Scotland Post-Brexit – UK Constitutional Law Association

Posted July 30th, 2020 in bills, brexit, devolution, EC law, news, Scotland by sally

‘Readers of this blog will be aware of the dispute between the Scottish and UK Governments over who should legislate in areas hitherto covered by EU law after Brexit (or more accurately after the end of the post-withdrawal Implementation Period). That dispute saw the Scottish Parliament enact its own Continuity Bill intended as an alternative to the European Union (Withdrawal) Act 2018 (EUWA). That Bill – the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill (the “first Continuity Bill”) (discussed here and here) – was subsequently referred to the Supreme Court and held to be outwith devolved competence so far as it conflicted with the EUWA (discussed here). Although some provisions of the Bill survived the Supreme Court reference, the Scottish Government decided not to proceed with Bill, but undertook to bring back the remaining provisions on a future occasion.’

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UK Constitutional Law Associations, 30th July 2020

Source: ukconstitutionallaw.org

Gregory Davies and Dan Wincott: Brexit, the press and the territorial constitution – UK Constitutional Law Association

Posted June 11th, 2020 in brexit, constitutional law, devolution, media, news by sally

‘In the early years of devolution, Feldman described constitutional discourse in the UK as ‘a sea of conflicting visions’. More than a decade later, Brexit and now Covid-19 remind us again just how differently the UK is understood.’

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UK Constitutional Law Association, 10th June 2020

Source: ukconstitutionallaw.org