Scots Bills were Outwith Parliament’s Competence
The AG questioned the constitutionaliity of Bills designed to give effect to two treaties to which the UK is a signatory, and passed by the Scottish Parliament as to the care of children.
Held: The laws had effect also outside Scotland purporting to pre-empt the power of the UK parliament to make provisions in the areas affected, and were outwith the powers of the Scottish Parliament insofar as it would modify section 28(7) of the 1998 contrary to section 29(2)(c).
Lord Reed, President, Lord Hodge, , Deputy President, Lord Lloyd-Jones, Lord Sales, Lord Stephens
[2021] UKSC 42, UKSC 2021/0080
Bailii, Bailii Press Summary, Bailii Issues and Facts
Scotland Act 1998 29(2) 33(1)
Scotland
Citing:
Applied – The UK Withdrawal From The European Union (Legal Continuity) (Scotland) SC 13-Dec-2018
The Scottish Parliament passed legislation in anticipation of the UK leaving the EU. The Attorney General referred to the supreme court the question of whether some clauses were outwith the power of the Parliament. The Presiding Officer said that . .
Cited – Salomon v Customs and Excise Commissioners CA 1966
Diplock LJ said: ‘The Convention is one of those public acts of state of Her Majesty’s Government of which Her Majesty’s judges must take judicial notice if it be relevant to the determination of a case before them, if necessary informing themselves . .
Cited – JH Rayner (Mincing Lane) Ltd v Department of Trade and Industry HL 1989
An undisclosed principal will not be permitted to claim to be party to a contract if this is contrary to the terms of the contract itself. Thus the provision in the standard form B contract of the London Metal Exchange ‘this contract is made between . .
Cited – The UK Withdrawal From The European Union (Legal Continuity) (Scotland) SC 13-Dec-2018
The Scottish Parliament passed legislation in anticipation of the UK leaving the EU. The Attorney General referred to the supreme court the question of whether some clauses were outwith the power of the Parliament. The Presiding Officer said that . .
Cited – Ghaidan v Godin-Mendoza HL 21-Jun-2004
Same Sex Partner Entitled to tenancy Succession
The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy.
Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law . .
Cited – Pickin v British Railways Board HL 30-Jan-1974
Courts Not to Investigate Parliament’s Actions
It was alleged that the respondent had misled Parliament to secure the passing of a private Act. The claimant said that the land taken from him under the Act was no longer required, and that he should be entitled to have it returned.
Held: . .
Cited – A v The Scottish Ministers PC 15-Oct-2001
(Scotland) The power to detain a person suffering from a mental illness, in order to ensure the safety of the public, and even though there was no real possibility of treatment of the mental condition in hospital, was not a disproportionate . .
Cited – Local Government Byelaws (Wales) Bill 2012 – Reference By The Attorney General for England and Wales SC 21-Nov-2012
Under the 1998 and 2006 Acts, the Welsh Assembly was empowered to pass legislation subject to confirmation by the English Parliament Secretary of State. The Local Government Byelaws (Wales) Bill 2012 was passed by the Assembly and purported to . .
Cited – Henderson v HM Advocate HCJ 7-Sep-2010
A general provision creating a new order for lifelong restriction was read as not extending to certain convictions under the Firearms Act 1968, since the sentences applicable to such convictions fell outside the legislative competence of the . .
Lists of cited by and citing cases may be incomplete.
Constitutional
Updated: 09 November 2021; Ref: scu.668366