Yesterday, it was reported:
"UK govt is referring two Holyrood laws to @UKSupremeCourt to decide if MSPs have gone beyond the powers of the devolved parliament
The bills would incorporate the UN Convention on the Rights of the Child and the European Charter of local self govt into Scots law"
Scottish First Minister, Nicola Sturgeon said:
"Jaw-dropping. The UK Tory government is going to Court to challenge a law passed by @scotparl unanimously. And for what? To protect their ability to legislate/act in ways that breach children’s rights in Scotland. Politically catastrophic, but also morally repugnant."
It would appear that the Government is happy that the Supreme Court to decide on the limits of its power, when it suits its purposes to do so, when it doesn't, the Government can call the same judges "enemies of the people."
The question the UK Government wants answered is the limits to Scottish Government's and Parliament's powers, that power to overrule UK legislation.
Through the Brexit process, the Government pushed the legal interetation of it's inherited powers from the Monarchy, the so-called Henry VIII powers, and such limits were decided up, questions answered that had never been asked before.
The question on the limits of Westminster or Holyrood's powers goes to the very heart of the Act of Union and political ties that holds bth Great Britain and the UK together. It may be right that this question be asked, but the (expected) result that Holyrood does not have that power will give more strength to calls for independence from Westminster.
The question is to whether to enshrine rights of the child above and beyond what similar legislation passed in Westminster. That this is the argument is almost bizarre, but then does go to the heart of devolution, and with Scotland, the policital union. Coming after the Internal Market Bill where there would be national standards so that the Government could negotiatetrade deals with lower standards in food and the such, and impose them over the current devolved powers that all devolved institutions currently have.
This is a really interesting gift that Brexit has delivered; a potential constutional crisis.
We were only expecting socks.
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