Regular readers of this blog will need no reminding of how much anticipation has been devoted to the Art 50 litigations ahead of and and during the UK Government’s appeal to the UK Supreme Court, in what has been by turns both an attempt to work out the boundaries of the constitution, and a glimpse of the constitution at work.
What has been under-analysed in the run-up to the appeal hearing is the devolution dimension. During the hearing too, there was at times a sense that its relevance to the issue was not immediately clear to some participants. This post seeks to address the wider effect of devolution on the constitution, as that has been made clear during argument in Miller and McCord.
It is almost 20 years since the first tranche of devolution legislation, and as is well known, there have been several further rounds at different…
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