Kenneth Campbell: Constitutional Dogs That Barked and Dogs That Did Not: The Scottish Continuity Bill in the Supreme Court

UK Constitutional Law Association

Introductory

Somewhat overshadowed by the Wightman saga, and the unscheduled Conservative leadership demarche, the UKSC decision in the UK Withdrawal from the European Union (Legal Continuity)(Scotland) Bill compatibility reference was handed down in the same week in December. It will be argued this decision contains more of lasting constitutional significance which lies both  in the court’s approach to Parliamentary sovereignty, and in the likely consequences for the territorial constitution/devolution settlement in the aftermath of Brexit.

In its basic intent, the UK Withdrawal from the European Union (Legal Continuity)(Scotland) Bill (“the Continuity Bill”) occupies some of the same ground as the European Union (Withdrawal) Act 2018, though both were bills at time the battle was joined. It will be recalled that at the time of publication of the European Union (Withdrawal) Bill (“the Withdrawal Bill”), the Scottish and Welsh governments took a common position against the provisions so far as relating…

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About Jim Rose

Utopia - you are standing in it promotes a classical liberal view of the world and champion the mass flourishing of humanity through capitalism and the rule of law. The origin of the blog is explained in the first blog post at https://utopiayouarestandinginit.wordpress.com/2014/03/12/why-call-my-blog-utopia-you-are-standing-in-it/

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