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Category Archive: Scotland

Iain Halliday: Political and Legal Constitutionalism in the Age of Supreme Court Referrals

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Back in early 2013 I wrote my undergraduate dissertation on the role of law and politics in the […]

UKCLA February 13, 2023 Devolution, Scotland

Michael Foran: Sex, Gender, and the Scotland Act

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Yesterday, the Gender Recognition Reform (Scotland) Bill was heard at Stage 3. If it receives royal assent, it […]

UKCLA December 21, 2022 Devolution, Scotland

Kenneth A. Armstrong: Will the Supreme Court Clear the Way to a Scottish Independence Referendum?

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At the end of June, Scotland’s First Minister Nicola Sturgeon set out the Scottish Government’s roadmap for a […]

UKCLA November 21, 2022 Devolution, Scotland, Second Scottish Independence Referendum

Stephen Tierney: The Lord Advocate’s Reference: The Constitutional Significance of Referendums and Electoral Processes

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The Lord Advocate’s Reference to the Supreme Court asks if the proposed Scottish Independence Referendum Bill relates to reserved matters under the […]

UKCLA October 5, 2022 Devolution, Scotland, Second Scottish Independence Referendum

Stephen Tierney: The Lord Advocate’s Reference: Referendums and Constitutional Convention

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On 11-12 October the Supreme Court is scheduled to hear a reference brought by the Lord Advocate under […]

UKCLA October 4, 2022 Devolution, Scotland, Second Scottish Independence Referendum, United Kingdom

Shona Wilson Stark and Raffael Fasel: Unconstitutionally Legal: How the UK Supreme Court Should Decide the Lord Advocate’s Reference

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On 28 June 2022, the Lord Advocate referred to the UK Supreme Court (“UKSC”) the question of whether […]

UKCLA October 3, 2022 Scotland, Second Scottish Independence Referendum, United Kingdom

Iain Jamieson: The Lord Advocate’s Role in Vetting Bills in the Scottish Parliament for Legislative Competence: A Reply to Chris McCorkindale

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A Scottish Minister, when introducing a Bill into the Scottish Parliament, is required by section 31(1) of the […]

UKCLA July 25, 2022 Constitutional Law, Devolution, Scotland

Kenneth A Armstrong: A Matter for Another Day? Will the Supreme Court Accept the Lord Advocate’s Independence Referendum Reference?

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Scotland’s First Minister, Nicola Sturgeon has set out the ‘next steps’ in the campaign for Scotland’s independence, including […]

UKCLA June 29, 2022 Constitutional Law, Devolution, Scotland, Second Scottish Independence Referendum

Michael Foran: Parliamentary Sovereignty and the Politics of Law-making

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Parliamentary sovereignty has traditionally been understood to mean that Parliament is free to enact legislation on any area […]

UKCLA October 18, 2021 Devolution, Human Rights Act 1998, Parliamentary sovereignty, Scotland, UK Parliament, United Kingdom

Mark Elliott and Nicholas Kilford: Devolution in the Supreme Court: Legislative Supremacy, Parliament’s ‘Unqualified’ Power, and ‘Modifying’ the Scotland Act

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In the Continuity Bill Reference, the Supreme Court advanced a striking analysis of the implications for devolution of […]

UKCLA October 15, 2021 Devolution, Judicial review, Parliamentary sovereignty, Scotland, UK Parliament, United Kingdom

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