Paper argues for greater court access for devolved nations to settle disputes with Westminster

It is among a number of new legal research papers from Edinburgh Law School that are now available.

Elisenda Casanas Adam’s paper, Brexit and the Mechanisms for the Resolution of Conflicts in the Context of Devolution: Do We Need a New Model?, looks at Miller and the Scottish Continuity Bill cases and “highlights the problems arising from the use of the mechanisms established in the devolution settlements, primarily designed to ensure that the devolved legislatures do not act ultra vires, for the legal resolution of competence conflicts between both orders of government”.

“Taking into consideration the significant role that the courts play in federal or quasi-federal systems by providing an independent and balanced interpretation of the constitutional framework, this chapter reflects on the effectiveness of these mechanisms in the UK system and argues that, in the light of recent developments, they need to be reformed to enable the access of the devolved institutions to the courts in this context.”

The other papers are: Enabling Global Climate Markets to have More Impact: Networked Emissions Trading Using Disruptive Technologies, Forced Heirship in Italy and Transitional Justice Between the Individual and the State: Criminal Trials, Historical Record, Societal Responsibility.