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Scotland Act 1998

Iain Jamieson: Altering the Effect of Section 28(7) of the Scotland Act 1998

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This article suggests that the Supreme Court’s interpretation of section 28(7) has created such problems in relation to […]

UKCLA November 11, 2024 Devolution, Scotland

Michael Foran: Section 35 and the Separation of Powers: On the Role of Unwritten Constitutional Principles in the Interpretation of the Scotland Act

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This week, the Outer House of the Court of Session delivered judgment in Re Scottish Minister’s Petition 2023 […]

UKCLA December 13, 2023 Devolution, Scotland

Chris McCorkindale and Aileen McHarg: Rescuing the Gender Recognition Reform (Scotland) Bill? The Scottish Government’s Challenge to the Section 35 Order

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Introduction On 17 January, the Secretary of State for Scotland, Alister Jack MP, made an Order under s.35 […]

UKCLA April 25, 2023 Devolution, Judicial review, Scotland

Iain Halliday: Political and Legal Constitutionalism in the Age of Supreme Court Referrals

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Back in early 2013 I wrote my undergraduate dissertation on the role of law and politics in the […]

UKCLA February 13, 2023 Devolution, Scotland

Gordon Guthrie: Brown vs Dewar – The Labour Commission on the UK’s Future

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With the publication of Labour’s Commission on the UK’s Future it is worth contrasting the approach that Gordon […]

UKCLA February 8, 2023 Brown Commission, Constitutional reform, Devolution

Leah Trueblood: What is the ‘purpose’ of the Scottish Independence Referendum Bill?

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What is the purpose of the referendum proposed in the Scottish Independence Referendum Bill? Is it, as s 1 […]

UKCLA October 11, 2022 Second Scottish Independence Referendum

Stephen Tierney: The Lord Advocate’s Reference: Referendums and Constitutional Convention

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On 11-12 October the Supreme Court is scheduled to hear a reference brought by the Lord Advocate under […]

UKCLA October 4, 2022 Devolution, Scotland, Second Scottish Independence Referendum, United Kingdom

Shona Wilson Stark and Raffael Fasel: Unconstitutionally Legal: How the UK Supreme Court Should Decide the Lord Advocate’s Reference

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On 28 June 2022, the Lord Advocate referred to the UK Supreme Court (“UKSC”) the question of whether […]

UKCLA October 3, 2022 Scotland, Second Scottish Independence Referendum, United Kingdom

Iain Jamieson: The Lord Advocate’s Role in Vetting Bills in the Scottish Parliament for Legislative Competence: A Reply to Chris McCorkindale

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A Scottish Minister, when introducing a Bill into the Scottish Parliament, is required by section 31(1) of the […]

UKCLA July 25, 2022 Constitutional Law, Devolution, Scotland

Mark Elliott and Nicholas Kilford: Devolution in the Supreme Court: Legislative Supremacy, Parliament’s ‘Unqualified’ Power, and ‘Modifying’ the Scotland Act

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In the Continuity Bill Reference, the Supreme Court advanced a striking analysis of the implications for devolution of […]

UKCLA October 15, 2021 Devolution, Judicial review, Parliamentary sovereignty, Scotland, UK Parliament, United Kingdom

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