"Shaping UK's Territorial Constitution". Il difficile rapporto tra "centro" e "periferia" nella devolution scozzese

On 17 January 2023, Secretary of State for Scotland Jack Alister issued an order under Section 35 of the Scotland Act 1998, prohibiting the submission of the Gender Recognition Reform (Scotland) Bill to the Royal Assent for enactment. This was the first application of the UK government’s powers in relation to “control” over Scottish legislation passed within the devolved powers. Following the judicial challenge to this order, the Outer House of the Court of Session, on 8 December 2023, issued the decision Re Scottish Minister’s Petition, through which the use of Section 35 was recognised as legitimate under Scottish devolution. This paper seeks to explore the implications of the exercise of this power in the relationship between the “centre” and the “periphery”, as well as the role that the courts can play in managing these relationships.