On Friday, the Supreme Court affirmed that both Scotland and Wales should be allowed to take part in the UK Government’s appeal against the recent High Court ruling which bars Prime Minister Theresa May from triggering Article 50 without the approval of the Commons. While Wales voted narrowly in favour of Brexit, Scottish voters backed remain in the 23 June referendum. A statement from the court said counsel from the Scottish Government have been invited to ‘address in the their skeleton arguments the relevance of points of Scots Law, so far as they do not also form part of the law of England and Wales, to the determination of the present proceedings.’
Brexit to ‘affect devolved rights and interests’
The UK Government has previously dismissed Scottish claims that Holyrood ought to be directly consulted on triggering Article 50, maintaining that foreign affairs and legal treaties are the exclusive domain of the UK Government. However, Scottish first minister Nicola Sturgeon has repeatedly raised concerns about the implications for the rights of Scottish Parliament should Prime Minister May be allowed to trigger Article 50 by means of royal prerogative power alone. ‘The Scottish government is clear that triggering Article 50 will directly affect devolved rights and interests in Scotland,’ she said earlier this month, adding that leaving the European Union will deprive Scottish residents and businesses of ‘right and freedoms which they currently enjoy.’
Sources: The Guardian; Legal Business
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