Skip to main content

One for the Wet Towels ~ Scotland's Legal Continuity Bill

"It's one for the wet towels," said Lady Hale at the conclusion of the oral hearings in the Reference by the Attorney-General and Advocate General for Scotland on the UK Withdrawal from the European Union (Legal Continuity)(Scotland) Bill.

Here is a case for lovers of byzantine legal complexity to savour.

Fundamentally, the Scottish Parliament was created by the Scotland Act 1998 and it only has the powers granted to it by the Scotland Act 1998 as amended.  If it is claimed that Scottish legislation is outside the powers of the Scottish Parliament then reference can be made to the Supreme Court of the UK to determine whether the legislation is within devolved legislative powers.


This is what has happened with Scotland's European Union (Legal Continuity)(Scotland) Bill 

In many ways, the Bill mirrors the UK Parliament's European Union (Withdrawal) Act 2018 - "the 2018 Act.".  So, why did Scotland consider that it needed its own Bill?  The reasons are explained at Brodie's - Continuity Bill: Part 1 and also see the Supreme Court blog -  Case Preview

The detailed grounds for making the reference are set out in the Advocate General's Written submission  where it is argued that the entire Scottish Bill is outside the competence of the Scottish Parliament.   See also the Lord Advocate's response - Lord Advocate

There are interventions from the Attorney-General for Northern Ireland and the Counsel General for Wales.

The Supreme Court heard detailed oral submissions over 24 and 25 July and reserved its judgment.

Scotland did not give legislative consent to the European Union (Withdrawal) Act 2018

Further reading:


Institute for Government - 6 March

Brodies 9 March 2018 - Can the Scottish Parliament enact the Continuity Bill

Institute for Government - 17 April


UK Constitutional Law - Continuity and Confusion  Part 1 - 6 March

UK Constitutional Law - Continuity and Confusion Part II - 7 March

UK government - Devolution of Powers to Scotland, Wales and Northern Ireland

Wales:

Note the Law Derived from the European Union (Wales) Act 2018.   This Act will be repealed on 3 October 2018 - HERE. The Act - section 22 - contained a provision enabling Welsh Ministers to make Regulations to repeal the Act or any provision of the Act.

Wales gave legislative consent to the European Union (Withdrawal) Act 2018

Comments

Post a Comment

Popular posts from this blog

The Fastest Way To Lose Weight For Women

Have you been looking for the fastest way to shed pounds for girls however have come up empty handed? Is there a reason why girls have exclusive questions and issues than guys with regard to health? There is a lot incorrect information and contradictions in the health enterprise that it is able to make your head spin. We are going to address the ones very problems and get proper to the point. You want to lose weight the healthy way and also you want it fast. Let's jump proper in! 1)Fasting 1-2 times every week Don't fear approximately "ravenous" yourself or wondering if your frame will cross into "hunger mode." This is one in all the biggest myths of the diet and health industry. Fasting for a 24 hour period 1-2 instances per week is a completely healthful and useful way to lose fats. Fasting offers the digestive machine a break whilst creating a big caloric deficit this is needed to lose the extra pounds. Fasting has also been related to assuaging health tr...
Post a Comment
Read more

How Do You Get Lean? Start Eating Functionally

 Now, I like most of the people enjoy a chunk of ingesting out, specially breakfasts and even takeaways now and then and these ingredients can be included into your upkeep diet in moderation depending to your interest degree and fitness situation, however on the subject of achieving your goal within the first area a disciplined strategy is required. The manner to consume to get lean is knowing the GI/GL cost of the ingredients you eat and the way those impact the glycogen stores in your muscle groups and liver, to get lean you want to lower those shops so that you can enter the fat burning sector. So going into this you want to have your desires clean, you are trying to lose body fat, you want to be leaner and it's going to take discipline and effort, human beings that strive to tell you in any other case are possibly looking to kid you into shopping for their merchandise or some thing on the premise that it's the clean way. Now it's handiest human nature to are seeking ...
Post a Comment
Read more

Burn Body Fat - Best Tip For Women Trying To Get Lean

To burn body fats is often a lengthy difficult system that finally ends up in frustration as the pounds all come returned proper after you stop some thing eating regimen you've got been on. Plus there are temptations everywhere for doubtlessly risky weight loss plan tablets, extremely-low calorie ingesting plans that cause your frame harm, and highly-priced workout system offered on past due-night TV. Instead of falling for the ones traps, allow me train you one of the more simple approaches to burn frame fats WITHOUT struggling and starving yourself until you skip out. Asian women have been the use of it for years to get lean, even after just having a child, and you too! Burn Body Fat - The Skinny Asian Way Now you're not going to research ALL of the fat-burning secrets and techniques that Asian ladies have from just a unmarried brief article or website. But you CAN choose up some of the fundamentals so that it will get you commenced at the right course to a higher body...
Post a Comment
Read more