Tag: UK Internal Market Act
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Thomas Horsley: Relations Reset or Regression? Devolution and the Product Regulation and Metrology Bill
On 4 September 2024, the UK Government published the Product Regulation and Metrology Bill (the PRMB). Introduced in the Lords, the PRMB is certainly not the most headline-grabbing Bill announced in the King’s Speech. Its substance – product standards and weights and measures – is important, but unlikely to excite the masses. However, as the…
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Kenneth A. Armstrong: From the Shadow of Hierarchy to the Shadow of Competition – Common Frameworks and the Disciplining of Divergence
This time last year, the controversial United Kingdom Internal Market Bill was ping-ponging between the Commons and Lords. A key point of contention concerned the relationship between the ‘market access’ principles now enshrined in the Act – the mutual recognition and non-discrimination principles – and future exercises of devolved rule-making. Should post-Brexit internal regulatory divergence…
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Aileen McHarg and Alison L. Young: The Resilience of the (Old) British Constitution
In 2009, Vernon Bogdanor wrote about The New British Constitution. His thesis was that a decade of New Labour reforms had produced a shift in the nature of the constitution, from one based on parliamentary sovereignty, to one based on the ‘sovereignty of the constitution’. Since 2009, further constitutional reforms have been implemented by governments…
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Ronan Cormacain: Unaccountability – The Disease within Government
Pierre Janelle diagnosed the root cause of The Catholic Reformation as “anarchy the disease within the church”. It is my contention that unaccountability is the disease within Government and the root cause of many of its shortcomings today. Unaccountability means the reluctance of the Government to be held to account by Parliament, the courts, constitutional…
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Nicholas Kilford: The UK Internal Market Act’s Interaction with Senedd Competences: The Welsh Government’s Challenge
On its passage through Parliament, the United Kingdom Internal Market Act 2020 (UKIMA) attracted a great deal of criticism, the majority of which was directed towards the – since withdrawn – provisions which purported to break international law (albeit apparently only in a limited and specific way). Another, perhaps initially overshadowed, criticism, now coming to…
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John Harrington, Erin Thomas and Barbara Hughes-Moore: Is there a Welsh Health Law? Values, Divergence and Devolution after COVID-19
Viruses can move the world and COVID-19 has unquestionably tested the United Kingdom’s constitutional settlement. This is not simply a matter of the generic allocation of powers as between London on the one hand, and Cardiff, Edinburgh and Belfast on the other. It also concerns the content of substantive law in discrete fields. Lawmakers, practitioners…
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Davor Jancic: The UK-EU Trade Deal: Five Important Implications for the UK Parliament
The announcement of the UK-EU Trade and Cooperation Agreement (TCA) on Christmas Eve 2020 may have come as a surprise given endless media reports about the negotiators’ intransigence and the imminent threat of a cliff edge. Add to this the Covid-19 pandemic and some ten months and just nine formal rounds of negotiations make it…