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Aileen McHarg @AileenMcHarg@mastodon.scot Profile picture
Aileen McHarg @AileenMcHarg@mastodon.scot
@AileenMcHarg
Professor (so-called) of Public Law and Human Rights, Durham University. Scots & UK public law; energy regulation. Joint General Editor, Public Law.
Dec 8, 2023 • 18 tweets • 3 min read
It has taken me a while to work through the judgment in the Gender Recognition Reform (Scotland) Bill s.35 Order judicial review. However, it’s a pretty comprehensive defeat for the Scottish Government. Long thread. 1st, Lady Haldane held that any failure to comply with the Memorandum of Understanding between the UK and devolved govts (in terms of lack of consultation/notification that use of s.35 was being contemplated) was not justiciable.
Jan 28, 2021 • 6 tweets • 1 min read
Glad to see the freedom of expression amendments to the Scottish Hate Crimes Bill. Of course there is a distinction to be drawn between hate speech and discussion of the public policy implications of protected characteristics. The latter needs to be protected against accusations of bigotry, but also to be conducted in a manner that avoids offensive stereotyping.
Jan 8, 2020 • 5 tweets • 1 min read
Holyrood has voted (unsurprisingly) to withhold consent from the EU (Withdrawal Agreement) Bill. It looks like the UK Govt will press ahead with the Bill regardless, invoking the proviso that devolved consent is only 'normally' required, and Brexit is not 'normal'. 1/2 Once again no coherent reason has been given. Alister Jack says that Brexit is a constitutional matter, and these are not normally within devolved competence.

But *the UK Govt itself* has accepted that aspects of this Bill affect devolved competence by asking for consent. 2/3
Jan 19, 2019 • 4 tweets • 1 min read
Having been debating with myself whether we are now in constitutional crisis territory. OTOH, if this passes, it will radically subvert the normal operation of the constitution, and take us into unpredictable territory. OTOH, Parliament is the master of its own procedures, and a majority decision to change Commons Standing Orders is not, per se, unconstitutional. Griffith said that, in the UK's political constitution, what happens is constitutional.
Dec 13, 2018 • 6 tweets • 1 min read
Continuity Bill decision - a complex judgment, the practical implications of which will need longer consideration. But headlines: but for s17 (which makes regs under the EU(W)Act subject to devolved consent, the Bill was within competence at the time it was passed. (1) Some robust statements about the extent of Holyrood's legislative competence - and nb the Presiding Officer's objection to the competence of the Bill is rejected. (2)