[Brexit and devolved powers]: Devolved Brexit legislation referred to the Supreme Court

It was announced on the 17 April 2018 that the UK Government’s senior Law Officers, the Attorney General and the Advocate General for Scotland, were referring EU exit legislation passed in the Scottish Parliament and the National Assembly for Wales to the Supreme Court.

They were asking for a ruling on whether this legislation was constitutional, and properly within devolved legislative powers.

In response Minister for UK Negotiations on Scotland’s Place in Europe Michael Russell reiterated on the 17 April 2018 that Scottish Ministers were satisfied that the Continuity Bill was within the legislative competence of the Scottish Parliament.

The hearing took place on the 24-25 July 2018. The outcome is expected in the autumn of 2018.

UCL: The Constitution Unit: Blog, 07.08.18: Is the UK-Scotland Supreme Court case the start of a new phase of constitutional conflict? https://constitution-unit.com/2018/08/07/is-the-uk-scotland-supreme-court-case-the-start-of-a-new-phase-of-constitutional-conflict/

Wales: National Assembly for Wales: Senedd Research: In Brief, 19.04.18: Attorney General refers Welsh 'continuity' Bill to the Supreme Cour https://seneddresearch.blog/2018/04/19/attorney-general-refers-welsh-continuity-bill-to-the-supreme-court/

Institute for Government: Blog, 17.04.18: Westminster is taking Edinburgh and Cardiff to court – but it faces difficulties even if it wins https://www.instituteforgovernment.org.uk/blog/westminster-taking-edinburgh-and-cardiff-court-eu-continuity-bills

UK in a Changing Europe: Blog, 17.04.18: Brexit must be used as an opportunity to improve relationships between the four nations of the United Kingdom http://ukandeu.ac.uk/brexit-must-be-used-as-an-opportunity-to-improve-relationships-between-the-four-nations-of-the-united-kingdom/

UK: Parliament: House of Commons: Committees: Public Administration and Constitutional Affairs Committee: Inquiry, 2017-2018: Devolution and Exiting the EU inquiry https://www.parliament.uk/business/committees/committees-a-z/commons-select/public-administration-and-constitutional-affairs-committee/inquiries/parliament-2017/devolution-and-exiting-the-eu-17-19/

Wales: National Assembly for Wales: Senedd Research: In Brief, 03.08.18: Why did the Counsel General intervene in the Supreme Court? https://seneddresearch.blog/2018/08/03/why-did-the-counsel-general-intervene-in-the-supreme-court/

UK: The Supreme Court: Cases: Case ID: UKSC 2018/0080: The UK Withdrawal from the European Union (Legal Continuity)(Scotland) Bill – A Reference by the Attorney General and the Advocate General for Scotland https://www.supremecourt.uk/cases/uksc-2018-0080.html

The Guardian, 25.07.18: Scotland's Brexit bill is 'perfectly practical', supreme court told https://www.theguardian.com/politics/2018/jul/25/scotland-brexit-bill-supreme-court-judges

BBC News, 25.07.18: Supreme Court hears defence of Scottish Brexit Bill https://www.bbc.co.uk/news/uk-scotland-scotland-politics-44938747

ESO: In Focus: Brexit - The United Kingdom and the European Union http://www.europeansources.info/record/brexit-the-united-kingdom-and-the-european-union/

Scotland: Government: News, 17.04.18: Continuity Bill https://news.gov.scot/news/continuity-bill

BBC News, 17.04.18: Legal challenge to devolved Brexit bills http://www.bbc.co.uk/news/uk-scotland-scotland-politics-43742208

The Guardian, 17.04.18: Legality of Scottish and Welsh Brexit bills challenged https://www.theguardian.com/uk-news/2018/apr/17/legality-of-scottish-and-welsh-brexit-bills-challenged

WalesOnline, 17.04.18: Welsh Government's battle to stop UK Government Brexit 'power grab' goes to the Supreme Court https://www.walesonline.co.uk/news/politics/supreme-court-brexit-continuity-bill-14540048

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