Tag: s.35 Scotland Act 1998
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Paolo Sandro: Devolution and the Phantom Menace: An alternative view on the appropriate intensity of judicial scrutiny of the s.35 Scotland Act 1998 order
Michael Foran has eloquently defended on this blog the decision by Lady Haldane in Re Scottish Minister’s Petition 2023 CSOH 89 which found the Secretary of State for Scotland’s maiden exercise of the power contained in s.35 of the Scotland Act lawful. I will not repeat here the discussion of the particulars of the case, nor the precise step-by-step illustration of…