devolution – Current Awareness

Thomas Horsley, Coree Brown Swan, Nicola McEwen and Lisa Claire Whitten: Westminster Rules: The United Kingdom Internal Market Act and Devolution – UK Constitutional Law Association

Posted October 21st, 2024 in brexit, constitutional law, devolution, devolution issues, news by tracey

‘The UK Labour Government is committed to resetting relations with the devolved institutions. Yet, in its manifesto, Labour made no mention of any plans to reform the United Kingdom Internal Market Act 2020 (UKIMA) – regulating intra-UK trade post-Brexit – to deliver that commitment. In government, Labour now appears reluctant to engage directly with the Act, preferring to work around, rather than with it (Horsley, 2024). In a new report on the operational impact of the UKIMA on devolution, we call on the UK Government to change tack and address the Act directly in collaboration with the devolved institutions. We conclude that reform is essential to restore intergovernmental trust – the desired ‘relations reset’ – and rebalance the authority of the UK and devolved institutions with respect to regulating intra-UK trade.’

UK Constitutional Law Association, 17th October 2024

Source: ukconstitutionallaw.org

A Comparative Analysis of Devolved Judicial Review: A Summary – Judicial Review

Posted October 17th, 2024 in devolution, judicial review, news, Northern Ireland, Scotland, Wales by sally

‘Statistical analysis of judicial review is notoriously difficult, in part due to the inconsistency in what is published by official sources which results in a ‘partial account of [judicial] activity’.’

Judicial Review, 16th September 2024

Source: www.tandfonline.com

Stephen Tierney: Towards a Principle of Positive Engagement?: The House of Lords Constitution Committee reports on The Governance of the Union – UK Constitutional Law Association

Posted September 27th, 2024 in bills, brexit, constitutional law, coronavirus, devolution, devolution issues, inquiries, news, Scotland, select committees by sally

‘Over the past decade the House of Lords Constitution Committee has immersed itself in the principles, purposes and operation of devolution. Last week marked 10 years since the referendum on Scottish independence, and in that time the Committee has published multiple reports on the changing face of the territorial constitution, offering encouragement, detailed critique and practical recommendations. A number of these publications are cited in the introduction to its most recent report on The Governance of the Union: Consultation, Co-operation and Legislative Consent, which is published today. This report addresses the new system of intergovernmental relations introduced in 2022, the operation of the Sewel convention, the use of secondary legislation in devolved areas and plans by the new Labour Government for further devolution in England. Most notably, it recommends that a “principle of positive engagement” be added to the existing principles for intergovernmental relations, currently listed in The Review of Intergovernmental Relations policy document of January 2022.’

UK Constitutional Law Association, 27th September 2024

Source: ukconstitutionallaw.org

Chris McCorkindale and Aileen McHarg: The Territorial Constitution and the 2024 UK General Election – UK Constitutional Law Association

Posted June 20th, 2024 in constitutional law, devolution, news, Northern Ireland, political parties, Scotland, Wales by sally

‘The Liberal Democrat, Conservative and Labour manifestos offer markedly different visions for the future of devolution in Scotland, Wales and Northern Ireland after the 2024 UK General Election . At one extreme, the Liberal Democrats offer fundamental constitutional reform. If elected, they have promised to “transfer greater powers away from Westminster and Whitehall” by “[strengthening] the voices of England, Wales, Scotland and Northern Ireland” as part of a “written constitution for a federal United Kingdom”. They would, inter alia, “complete” the further devolution of powers set out in the Smith and Silk Commissions, strengthen mechanisms for intergovernmental working and dispute resolution, and remove the ability of the UK Parliament unilaterally to amend devolved competence or legislate in devolved areas. At the other extreme, the Conservative Party manifesto marks the end of the road for the further devolution of powers or the deeper entrenchment of devolved institutions. The devolved governments, they say, “now have the right balance of powers to deliver for the people [of Scotland, Wales and Northern Ireland]”. The Conservative Party’s focus therefore falls on holding the devolved governments responsible for their performance, making devolved governments more accountable within the devolved legislatures, encouraging the decentralisation of power away from Holyrood, Cardiff Bay and Stormont, and strengthening the role, powers and visibility of the UK Government, including in devolved areas.’

UK Constitutional Law Association, 20th June 2024

Source: ukconstitutionallaw.org

Nicholas Kilford: Interpreting The Devolution Statutes – UK Constitutional Law Association

Posted May 28th, 2024 in devolution, news, statutory interpretation by tracey

‘Throughout the life of devolution, the courts appear to have diverged on how to properly determine the scope and limits of devolved lawmaking power, and the extent to which norms and principles not expressly contained in the text of the devolution statutes can usefully sculpt or inform those statutes’ interpretation.’

UK Constitutional Law Association, 28th May 2024

Source: ukconstitutionallaw.org

Scottish court rules UK government veto of gender recognition bill lawful – The Guardian

Posted December 8th, 2023 in bills, devolution, devolution issues, equality, gender, news, Scotland, transgender persons by michael

‘In a ruling that will disappoint LGBTQ+ campaigners and offers a boost to Rishi Sunak at the end of a difficult week, Lady Haldane rejected the Scottish government’s petition to rule the UK government’s section 35 veto – contained in the 1998 Scotland Act, which created the devolved parliament – as unlawful.’

The Guardian, 8th December 2023

Source: www.theguardian.com

Stephen Tierney and Alison L. Young: The House of Lords Constitution Committee Reports on the Illegal Migration Bill – UK Constitutional Law Association

Posted May 24th, 2023 in asylum, bills, constitutional law, deportation, devolution, human rights, immigration, judicial review, news, rule of law by sally

‘The Constitution Committee has released its report on the Illegal Migration Bill 2022-23. The Committee raises a number of concerns, including its potential impact on the rule of law, human rights, devolution, delegated powers, and parliamentary scrutiny. We await the report of the Joint Committee on Human Rights which will most likely comment in more detail on the implications of the Bill for the United Kingdom’s international obligations.’

UK Constitutional Law Association, 23rd May 2023

Source: ukconstitutionallaw.org

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

Posted February 8th, 2023 in constitutional law, constitutional reform, devolution, devolution issues, news, political parties, Scotland by sally

‘With the publication of Labour’s Commission on the UK’s Future it is worth contrasting the approach that Gordon Brown and his colleagues have taken with the very successful devolutionary legacy of Donald Dewar.’

UK Constitutional Law Association, 8th February 2023

Source: ukconstitutionallaw.org

Gender row legal challenge likely to fail – judge – BBC News

Posted January 19th, 2023 in bills, birth certificates, devolution, equality, gender, news, Scotland, transgender persons by tracey

‘The Scottish government’s chances of winning a legal challenge over the gender reform row are “very low”, a former Supreme Court judge has said.’

BBC News, 18th January 2023

Source: www.bbc.co.uk

Rishi Sunak blocks Scotland’s gender recognition legislation – The Guardian

Posted January 17th, 2023 in bills, birth certificates, devolution, news, Scotland, transgender persons by sally

‘Rishi Sunak’s government has blocked legislation passed by the Scottish parliament that would make Scotland the first part of the UK to introduce a self-identification system for people who want to change gender.’

The Guardian, 16th January 2023

Source: www.theguardian.com

Chris Himsworth: Referendum Bill Consequentials – UK Constitutional Law Association

Posted November 30th, 2022 in bills, constitutional law, devolution, devolution issues, news, parliament, referendums, Scotland, Supreme Court by sally

‘At paras 56-57 of their judgment, the court in Reference by the Lord Advocate of devolution issues ([2022] UKSC 31) declared: “The central issue is whether legislation for a referendum on Scottish independence would relate to a reserved matter…. The critical question is accordingly whether the proposed Bill would relate to the Union of the Kingdoms of Scotland and England or the Parliament of the United Kingdom”.’

UK Constitutional Law Association, 29th November 2022

Source: ukconstitutionallaw.org

New Judgment: Reference by the Lord Advocate of devolution issues under paragraph 34 of Schedule 6 to the Scotland Act 1998 [2022] UKSC 31 – UKSC Blog

Posted November 24th, 2022 in bills, constitutional law, devolution, devolution issues, government departments, news, referendums, Scotland, Supreme Court by sally

‘The Scottish Government drafted a Scottish Independence Referendum Bill which makes provision for a referendum on the question, “Should Scotland be an independent country?”. Under the Scotland Act 1998 (“the Scotland Act”), the power of the Scottish Parliament to make legislation (or its “legislative competence”) is limited. A provision of a Bill will be outside the legislative competence of the Scottish Parliament and therefore not law if it relates to the matters which have been reserved to the United Kingdom Parliament in Westminster (sections 29(1) and (2)(b)). These reserved matters include “the Union of the Kingdoms of Scotland and England” and “the Parliament of the United Kingdom” (Schedule 5, paragraphs 1(b) and (c)).’

UKSC Blog, 23rd November 2022

Source: ukscblog.com

Supreme court rules against Scottish parliament holding new independence referendum – The Guardian

Posted November 23rd, 2022 in bills, constitutional law, devolution, devolution issues, government departments, news, referendums, Scotland, Supreme Court by sally

‘The Scottish parliament cannot hold a second independence referendum without Westminster approval, the UK supreme court has ruled, in a unanimous judgment likely to anger Scottish nationalists who say the country’s future is for Scottish voters to decide.’

The Guardian, 23rd November 2022

Source: www.theguardian.com

What is the supreme court’s Scottish independence ruling about? – The Guardian

Posted November 23rd, 2022 in bills, constitutional law, devolution, devolution issues, government departments, news, referendums, Scotland, Supreme Court by sally

‘All you need to know about decision on whether Scotland can hold new referendum without Westminster approval.’

The Guardian, 23rd November 2022

Source: www.theguardian.com

Stephen Tierney: The Lord Advocate’s Reference: Referendums and Constitutional Convention – UK Constitutional Law Association

Posted October 6th, 2022 in bills, constitutional law, devolution, news, parliament, referendums, Scotland, statutory interpretation by sally

‘Section 29(1) of the 1998 Act provides that an Act of the Scottish Parliament is not law so far as any provision of the Act is outside the legislative competence of the Parliament. A provision is outside that competence so far as it “relates to reserved matters” (s.29(2)(b)), and whether or not it relates to a reserved matter is to be determined by “reference to the purpose of the provision, having regard (among other things) to its effect in all the circumstances” (s.29(3)).’

UK Constitutional Law Association, 4th October 2022

Source: ukconstitutionallaw.org

Research briefing: Scottish independence referendum: legal issues – House of Commons Library

Posted August 3rd, 2022 in devolution, news, parliament, referendums, Scotland by tracey

‘A briefing paper on the legal issues surrounding a Scottish independence referendum.’

House of Commons Library, 2nd August 2022

Source: commonslibrary.parliament.uk

Supreme Court date for indyref2 case set for 11 October – BBC News

Posted July 21st, 2022 in devolution, news, referendums, Scotland, Supreme Court by sally

‘A key court case that could allow the Scottish Parliament to legislate for another independence referendum will hear arguments in October, the Supreme Court has said.’

BBC News, 21st July 2022

Source: www.bbc.co.uk

UK government asks Supreme Court to dismiss indyref2 case – BBC News

Posted July 13th, 2022 in bills, devolution, government departments, judicial review, news, Scotland, Supreme Court by tracey

‘The UK government has urged judges to dismiss the Scottish government’s request for a ruling on whether it has the power to hold indyref2.’

BBC News, 13th July 2022

Source: www.bbc.co.uk

Anurag Deb and Nicholas Kilford: The UK Internal Market Act: Devolution Minimalism and the Competence Smoke Screen – UK Constitutional Law Association

Posted July 6th, 2022 in constitutional law, devolution, devolution issues, news, Scotland by sally

‘The UK’s territorial constitution is, at present, under a great deal of pressure. Those familiar with one force unsettling the devolution framework — the attempts to override the Northern Ireland Protocol — will no doubt recall the legislation that first countenanced a similar approach: the UK Internal Market Act 2020 (UKIMA). This piece of legislation is, however, once again causing its own stir, this time in the form of a clash between Scottish and UK ministers over gene-editing regulations.’

UK Constitutional Law Association, 4th July 2022

Source: ukconstitutionallaw.org

Devolved powers and the internal market post-Brexit – UK Human Rights Blog

Posted March 4th, 2022 in appeals, brexit, devolution, devolution issues, human rights, judicial review, jurisdiction, news, Supreme Court, Wales by tracey

‘R (on the Application of the Counsel General for Wales) v Secretary of State for business, Energy and Industrial Strategy [2022] EWCA Civ 118. The Court of Appeal decision handed down on 9th February 2022 is an important case concerning devolved powers.’

UK Human Rights Blog, 3rd March 2022

Source: ukhumanrightsblog.com

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