cover image: ‘Stop the World, Scotland Wants to Get On’ Devolution, Foreign Policy and

20.500.12592/74fmnm

‘Stop the World, Scotland Wants to Get On’ Devolution, Foreign Policy and

24 Feb 2022

The Sewel convention – the convention that Westminster will seek the consent of devolved administrations prior to legislating on non-reserved issues – was ultimately ignored by the UK government thanks to the Tory-DUP majority in the House of Commons during the passing of the European Union (Withdraw- al) Act.74 The UK government acted in this fashion throughout the Brexit process, with all major. [...] But the structures of the council, its lack of statutory footing and the position of the PM as chair still suggest a preference for the supremacy of the UK government in intergovernmental relations. [...] With the inclusion of the Scottish Green Party (SGP) in govern- ment there is the potential that this could change in the near future, given the opposition of the SGP to oil extraction.117 Thus far, the Scottish government has reaped the diplomatic benefits but it is unclear how long this can continue whilst the government attempts to have its cake and eat it. [...] Power over foreign relations is assigned to the Federal Government via the Constitution Act of 1867 s.91, which states that all powers not assigned exclusively to the provincial legislatures shall be within the power of the Federal Government – the so-called residuary powers.150 But at the time of passing, Canada remained subordinate to the UK as a part of the British Empire. [...] The nature of the relationship between the UK and Canada eventually changed, leading to the 1931 Statute of Westminster, which enacted the earlier proposals from the 1926 Balfour Declaration to effectively recognise Canada and the other Dominions of the Empire as equal to the UK, including internationally.151 However, in a 1937 case the Judicial Committee of the Privy Council ruled that treaty imp.
Pages
63
Published in
United Kingdom