Tag: devolved competence
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Julio Alberto Barajas-Servin: When Electoral Lies Become Justiciable
Wales has done something unusual – it has enacted a duty to prohibit electoral lies before deciding what the prohibition will look like. Since 27 June 2026, section 13 of the Government of Wales Act 2006 has required the Welsh Ministers to make provision against false or misleading statements of fact made to affect who…
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Kenneth A. Armstrong: From the Shadow of Hierarchy to the Shadow of Competition – Common Frameworks and the Disciplining of Divergence
This time last year, the controversial United Kingdom Internal Market Bill was ping-ponging between the Commons and Lords. A key point of contention concerned the relationship between the ‘market access’ principles now enshrined in the Act – the mutual recognition and non-discrimination principles – and future exercises of devolved rule-making. Should post-Brexit internal regulatory divergence…
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Michael Foran: Parliamentary Sovereignty and the Politics of Law-making
Parliamentary sovereignty has traditionally been understood to mean that Parliament is free to enact legislation on any area of law that it chooses, and that Acts of the U.K. Parliament take precedence over subordinate legislation, regulation, or common law rule. Understood this way, parliamentary sovereignty is a constitutional principle that is couched explicitly in legal…
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Mark Elliott and Nicholas Kilford: Devolution in the Supreme Court: Legislative Supremacy, Parliament’s ‘Unqualified’ Power, and ‘Modifying’ the Scotland Act
In the Continuity Bill Reference, the Supreme Court advanced a striking analysis of the implications for devolution of the doctrine of parliamentary sovereignty — or, more specifically, of the provision in the Scotland Act 1998 that had hitherto been understood merely to affirm that doctrine. The provision in question is section 28(7), which says of…
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Stephen Tierney: The Scottish Parliamentary Elections and the “Second Referendum” Debate
The Scottish National Party emerged as the largest party in the Scottish parliamentary elections held on 6 May. It fell short of an overall majority but still won an impressive 64 of 129 seats. Nicola Sturgeon, who will be reappointed as First Minister within the new devolved administration, has reiterated the SNP’s quest for independence,…
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Nicholas Kilford: The UK Internal Market Act’s Interaction with Senedd Competences: The Welsh Government’s Challenge
On its passage through Parliament, the United Kingdom Internal Market Act 2020 (UKIMA) attracted a great deal of criticism, the majority of which was directed towards the – since withdrawn – provisions which purported to break international law (albeit apparently only in a limited and specific way). Another, perhaps initially overshadowed, criticism, now coming to…