Tag: legislative competence
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Anurag Deb: Constitutional Amendment by Interpretive Sidewind? Minister for Infrastructure v Safe Electricity A&T
There was a time, long before Brexit-related constitutional whiplash, when matters of the constitution sometimes involved the quieter, everyday affairs of the border counties on the island of Ireland. A 1937 case involving milk produced on a Donegal farm and sent to be sold in Derry became the template for testing whether Acts of the Scottish Parliament…
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Stephen Tierney: The Lord Advocate’s Reference: Referendums and Constitutional Convention
On 11-12 October the Supreme Court is scheduled to hear a reference brought by the Lord Advocate under the Scotland Act 1998, Schedule 6, para.34 (‘the Reference’). The Lord Advocate seeks determination of the following questions: Does the provision of the proposed Scottish Independence Referendum Bill that provides that the question to be asked in…
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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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Christopher McCorkindale and Aileen McHarg: Continuity and Confusion: Legislating for Brexit in Scotland and Wales (Part II)
Editors’ note: This is the first of a two-part post on the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill, introduced into the Scottish Parliament on 27 February 2018, and the Law Derived from the European Union (Wales) Bill. Part I can be found here. Introduction Part one of this post examined the…
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Christopher McCorkindale and Aileen McHarg: Continuity and Confusion: Legislating for Brexit in Scotland and Wales (Part I)
Editors’ note: This is the first of a two-part post on the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill, introduced into the Scottish Parliament on 27 February 2018, and the Law Derived from the European Union (Wales) Bill. Introduction On 27 February, the Scottish Government introduced the UK Withdrawal from the European…
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Robert Thomas: The Draft Wales Bill 2015 – Part 2
Editors’ note: This is the second in a two-part contribution by Prof Robert Thomas on the draft Wales Bill. The first part appeared on Wednesday, 2 December 2015. An earlier post considered some aspects of the draft Wales Bill. This second post examines the issue of legislative competence and the proposed new necessity test. Legislative…
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Alan Trench: Welsh byelaws and the UK Supreme Court
At the end of July, we learned that the UK Attorney-General has referred the first Act of the National Assembly passed since the March 2011 referendum to the UK Supreme Court. There’s news coverage of this from the BBC here, and a good analysis from Toby Mason of BBC Wales here. This is the first…