Editors’ note: The blog is inviting constitutional lawyers to comment on the UK Government’s proposal to repeal and replace the Human Rights Act. We continue with a post by Iain Jamieson, a retired UK and Scottish Government lawyer. You can read the other contributions in this series here. Posts on the topic are welcome.
In his otherwise excellent entry to this blog, Mark Elliot states that the repeal of the Human Rights Act (“HRA”) by itself, without anything more, such as its replacement by a British Bill of Rights or the withdrawal of the UK from the ECHR, would not trigger the Sewel Convention which would normally require the consent of the Scottish Parliament. However, I suggest that there may be at least 4 possible arguments for thinking otherwise.
Sewel Convention
But first a word about the Sewel Convention.
Lord Sewel indicated during the passage of the Scotland Bill 1998 that…
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Utopia, you are standing in it! 
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