Tag: Legislative Consent Motion

The Great Repeal Bill and the Challenge of Bringing Laws Home

The practical process of transposing all existing EU law into the UK legal system brings with it many detailed and essential items for decision, the volume of which will likely favour the executive, writes Tobias Lock. He argues that EU withdrawal looks set to have a significant impact on the devolution settlements, as competences between …

The Supreme Court in Miller: Some Early Comments

In ruling that parliamentary consent is indeed required before the UK’s EU withdrawal notification, the Supreme Court largely met expectations, writes Tobias Lock. He argues, however, that the Court’s determination that the practice of consulting the devolved legislatures is convention only and not law will have a political impact as the Brexit process develops. Supreme …

The High Court’s Judgement in Miller and Others – Four Brief Remarks

Following the High Court’s ruling on whether the UK Parliament should be involved in the activation of the Article 50 process to leave the EU, Tobias Lock analyses the judgement. He observes that the UK government will find it difficult to construct an effective case on appeal, and that, should legislation indeed be required, essential …

Theresa May’s Great Repeal Bill – A Scottish Own Goal?

The Prime Minister’s outlining of the Great Repeal Bill to bring all EU law into UK law, to be sorted through later, has many elements of strategic thinking, writes Tobias Lock. He suggests, however, that a wholesale legal relocation would clearly touch on competences devolved to Scotland, and the politics around legislative consent could further …

Changes to the UK’s EU Membership Might Require the Consent of the Scottish Parliament

In this extended article, Cormac Mac Amhlaigh considers the implications of the UK’s EU renegotiation and referendum for Scotland’s devolution settlement. He suggests that, since changes to EU membership could significantly impact the powers of the devolved institutions, a case could be made that consent for the renegotiation and the referendum would be needed from the …