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Devolution and declaratory judgments: the Counsel General’s legal challenge to the UK Internal Market Act 2020

Gareth Evans Orcid Logo

Northern Ireland Legal Quarterly, Volume: 75, Issue: 1, Pages: 140 - 153

Swansea University Author: Gareth Evans Orcid Logo

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Abstract

This commentary will focus on the Counsel General’s legal challenge to the UK Internal Market Act 2020. While the application for an advisory declaration in this case was refused by both the Divisional Court and Court of Appeal, this commentary argues that the substance of the application, and accom...

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Published in: Northern Ireland Legal Quarterly
ISSN: 0029-3105 2514-4936
Published: School of Law, Queen's University Belfast 2024
Online Access: Check full text

URI: https://cronfa.swan.ac.uk/Record/cronfa65460
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Abstract: This commentary will focus on the Counsel General’s legal challenge to the UK Internal Market Act 2020. While the application for an advisory declaration in this case was refused by both the Divisional Court and Court of Appeal, this commentary argues that the substance of the application, and accompanying decision of the court, offer three points of constitutional significance regarding the Welsh devolution settlement: (i) the decision clarifies the position on the use of declaratory judgements in reference to premature questions on legislative competence; (ii) the application sets out the substance of the Welsh Government’s ongoing concern regarding the content and operation of the UK Internal Market Act, and its potential impact upon the Senedd’s legislative competence; (iii) the application by a devolved government for judicial review of UK Parliamentary legislation marks a significant moment in the relationship between the Welsh and UK Governments.
Keywords: Brexit, devolution, UKIMA, Wales, Welsh devolution
College: Faculty of Humanities and Social Sciences
Issue: 1
Start Page: 140
End Page: 153