Chris McCorkindale and Aileen McHarg: Continuity and Confusion: Towards Clarity? – The Supreme Court and the Scottish Continuity Bill

UK Constitutional Law Association

Introduction

The Supreme Court has now handed down its judgment in The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill – A reference by the Attorney General and the Advocate General for Scotland. The Bill marked a series of firsts: a consequence of the first UK statute to be passed notwithstanding the refusal of consent by the Scottish Parliament (the European Union (Withdrawal) Act 2018); the first Scottish Government Bill to be introduced with a negative statement of competence by the Presiding Officer; and, the first Scottish Bill to be referred to the UK Supreme Court by the UK Law Officers. In previous posts we have set out what it was (legally and politically) that the Bill sought to achieve and why, in our view, the Bill as introduced arguably was (in light of the Presiding Officer’s contrary view) within the legislative competence of the Scottish Parliament

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