Tag: devolved matters
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Iain Jamieson: Altering the Effect of Section 28(7) of the Scotland Act 1998
This article suggests that the Supreme Court’s interpretation of section 28(7) has created such problems in relation to the legislative competence of the Scottish Parliament that the provision needs to be amended, repealed or qualified. Text The terms of section 28(7) appear innocuous. Section 28(1) confers power on the Scottish Parliament to make laws to…
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Chris McCorkindale and Aileen McHarg: Continuity and Confusion: Towards Clarity? – The Supreme Court and the Scottish Continuity Bill
Introduction The Supreme Court has now handed down its judgment in The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill – A reference by the Attorney General and the Advocate General for Scotland. The Bill marked a series of firsts: a consequence of the first UK statute to be passed notwithstanding the refusal…
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Sionaidh Douglas-Scott: The ‘Great Repeal Bill’: Constitutional Chaos and Constitutional Crisis?
On October 2, Theresa May set out plans for a ‘Great Repeal Bill’ to be included in the next Queen’s Speech. There is very little detail currently available, but it appears this Bill is intended to remove the European Communities Act (ECA) 1972 from the statute book following completion of the Brexit negotiations. It would…