Section 29(2)(d) of the Scotland Act 1998 provides, somewhat inelegantly, that a provision of an Act of the Scottish Parliament is not law if it is incompatible with EU law.
To similar effect, section 57(2) of that Act provides:
“A member of the Scottish Government has no power to make any subordinate legislation, or to do any other act, so far as the legislation or act is incompatible with any of the Convention rights or with EU law.”
These provisions caused Sir David Edward, a former judge of the European Court of Justice and a very serious lawyer indeed (as well as being an exceptionally nice man), to suggest to the House of Lords Select Committee on the European Union that you would need legislative consent from the Scottish Parliament to withdraw from the EU (see paragraph 70 here and question 17 here).
The easiest way to understand his…
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