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[personal profile] andrewducker

Date: 2012-02-15 01:20 pm (UTC)
From: [identity profile] a-pawson.livejournal.com
… Given the doctrine of Parliamentary Sovereignty Westminster can just legislate to change the Scotland Act and return powers over Antartica to Westminster. The Scottish Government has pretty no come back to that at all.

I believe not. Westminster can amend the Scotland act, but the Scottish parliament would also have to agree to rescind those powers. That's sort of the point of devolution, you can't hand over powers but retain the ability to remove them whenever you feel like it.

The Express has a little more info. It seems that the Scotland Bill committee at Holyrood (under the previous government) agreed to basically undo that part of the legislation, but the current committee have decided to oppose it. The SNP have the means to make political capital out of this and it looks like they may do so.

Date: 2012-02-15 01:59 pm (UTC)
From: [identity profile] danieldwilliam.livejournal.com
Politically it may be the case that Holyrood is asked to consent to amendments to the Scotland Act constitutionally Westminster can do whatever it wants.

Westminster consents to bound by the Scotland Act and the ECHR but, unless the constituation has fundamentally changed since I was at law school in the 90's the Queen in Parliament is sovereign and unbound.

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