Reference by the Attorney General and the Advocate General for Scotland: United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill
Scottish Bills that would have restricted the UK Parliament's power to legislate for Scotland were outside competence.
Facts
The Scottish Parliament passed two Bills, one incorporating the United Nations Convention on the Rights of the Child into Scots law, and the other incorporating the European Charter of Local Self-Government. Both Bills included provisions allowing the Scottish courts to declare Acts of the UK Parliament, so far as they applied in Scotland, to be incompatible with the rights in the Conventions, and to read them in a compatible way. The UK Government's law officers referred the Bills to the Supreme Court.
Legal principle
The Supreme Court held that the challenged provisions were outside the competence of the Scottish Parliament. Lord Reed said that section 28(7) of the Scotland Act 1998 preserves the power of the UK Parliament to make laws for Scotland, and that this reflects the continuing sovereignty of the UK Parliament. A provision of an Act of the Scottish Parliament would modify section 28(7) if it qualified the UK Parliament's power by putting pressure on it to legislate in a certain way, or restricting the effect of its legislation in Scotland. The provisions requiring Scottish courts to interpret UK Acts compatibly, and to make declarations about them, had that effect.
Related cases on conventions, ministers and devolution
- Re Allister's Application for Judicial Review [2023] UKSC 5
- Attorney General v Jonathan Cape Ltd [1976] QB 752
- Attorney General v National Assembly for Wales Commission [2012] UKSC 53, [2013] 1 AC 792
- AXA General Insurance Ltd v HM Advocate [2011] UKSC 46, [2012] 1 AC 868
- Carltona Ltd v Commissioners of Works [1943] 2 All ER 560
- Imperial Tobacco Ltd v Lord Advocate [2012] UKSC 61
- Martin v Most [2010] UKSC 10
- Recovery of Medical Costs for Asbestos Diseases (Wales) Bill: Reference by the Counsel General for Wales [2015] UKSC 3, [2015] AC 1016
Studying public law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.
This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.
