On 13 December 2018, the Supreme Court delivered its judgment on the ‘Scottish Continuity Bill’ (https://www.supremecourt.uk/cases/uksc-2018-0080.html). This Bill was enacted by the Scottish Parliament in order to provide its own version of the European Union (Withdrawal) Act 2018, providing for the continued application of EU law in Scotland from exit day onwards.
The legislation was enacted against the backdrop of Scotland’s refusal to agree to a legislative consent motion for the European Union (Withdrawal) Bill 2018, which then came into force without Scotland’s consent in breach of the Sewel convention. It also marked the first time that Scottish legislation had been challenged at the pre-legislative stage, using the provisions of section 33 of the Scotland Act 1998.
In this video produced by the Cambridge Centre for Public Law, Professor Mark Elliott, Professor Alison Young, and Dr Paul Daly each discuss the constitutional implications of the case, chaired by Dr Shona Wilson Stark.
The talk should be of interest for undergraduate students in Constitutional law, Administrative law and European Union law, in addition to postgraduate students working in these areas.
For more information, see the CPL website at: http://www.cpl.law.cam.ac.uk
