Tag: Gender Recognition Reform (Scotland) Bill
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Michael Foran: Section 35 and the Separation of Powers: On the Role of Unwritten Constitutional Principles in the Interpretation of the Scotland Act
This week, the Outer House of the Court of Session delivered judgment in Re Scottish Minister’s Petition 2023 CSOH 89. The case concerned the lawfulness of an Order made under section 35 of the Scotland Act 1998 to prevent the Gender Recognition Reform (Scotland) Bill from receiving Royal Assent. I wrote about this possibility at…
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Chris McCorkindale and Aileen McHarg: Rescuing the Gender Recognition Reform (Scotland) Bill? The Scottish Government’s Challenge to the Section 35 Order
Introduction On 17 January, the Secretary of State for Scotland, Alister Jack MP, made an Order under s.35 of the Scotland Act 1998 prohibiting the Scottish Parliament’s Presiding Officer from presenting the Gender Recognition Reform (Scotland) Bill (GRR Bill) for Royal Assent. The Bill, which was passed with cross party support on 22 December 2022,…
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Michael Foran: Sex, Gender, and the Scotland Act
Yesterday, the Gender Recognition Reform (Scotland) Bill was heard at Stage 3. If it receives royal assent, it will amend the Gender Recognition Act 2004 to make it easier for people in Scotland to change their legal sex. This has proven to be extremely controversial, prompting calls from some feminist groups that the introduction of…