Reference by the Lord Advocate of devolution issues under paragraph 34 of Schedule 6 to the Scotland Act 1998 [2022] UKSC 31, Supreme Court (also known as Scottish Independence Referendum Bill)
Reference by the Lord Advocate of devolution issues under paragraph 34 of Schedule 6 to the Scotland Act 1998 [2022] UKSC 31, Supreme Court (also known as Scottish Independence Referendum Bill)
- Thomas E. WebbThomas E. WebbSenior Lecturer in Law, Lancaster University
Abstract
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Reference by the Lord Advocate of devolution issues under paragraph 34 of Schedule 6 to the Scotland Act 1998 [2022] UKSC 31, Supreme Court (also known as the Scottish Independence Referendum Bill). This case concerned whether a reference by the Lord Advocate raised a devolution matter; if it did, whether the UKSC should accept the reference for consideration; and, if it did consider it, whether the subject matter of the reference—which related to draft legislation to enable a referendum on Scottish independence—was within the legislative competence of the Scottish Parliament. The document also includes supporting commentary and questions from author Thomas Webb.
