Constitutional law

The Committee agreed to undertake an inquiry into committee effectiveness focusing on three key themes, Structure, Elected Conveners and Evaluation.

The UK Government launched a consultation as part of a review into the UK Internal Market Act.

The Review will amongst other things consider how to provide the right balance between devolved decision-making on regulation and protecting the integrity of the internal market, ensuring a continual drive for economic growth, jobs and higher living standards.  

The Scottish Elections (Representation and Reform) Bill was passed on 17 December 2024. It places a duty on Scottish Ministers to bring forward regulations which prohibit MSPs from holding dual mandates as MPs or Peers, and potentially Councillors. This consultation seeks views on ending dual mandates.

 

The Scottish Parliament's Finance and Public Administration Committee launched an inquiry into Scotland's commissioner landscape.

The Committee will look to examine the Government’s progress on building devolution capability in central Government and to explore how well ministers and civil servants understand devolution arrangements, and the steps the Government is taking to embed consideration of every part of the UK in policymaking. 

This inquiry looks to examine the arrangements for appointments to the House of Lords, its size and composition and the effectiveness of its role in relation to the House of Commons.

c2023 marks the 25th anniversary of the passing of the Scotland Act 1998.
To mark this milestone, the Committee is conducting an inquiry to examine how intergovernmental relations have developed since the establishment of the Scottish Executive and Parliament and how processes for managing intergovernmental relations evolved to respond to various political developments since 1999.The inquiry will also be considering how effectively the new intergovernmental relations framework has been operating, and has been implemented, since its introduction following in January 2022 following a review.

The Hansard Society has been conducting a Delegated Legislation Review (DLR) since November 2021 with financial support from The Legal Education Foundation.The DLR draws on the Hansard Society’s unique record of research and data collection on delegated legislation at Westminster that now stretches back over a decade.

The Independent Commission on UK Public Health Emergency Powers will review the UK's public health legislative framework and institutional arrangements, alongside Government decision-making during the Covid-19 pandemic. 

The aim is that the Independent Commission's findings and recommendations will help to inform planning for future public health emergencies. 

The Hague Convention 2019 on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters is a multilateral Private International Law convention which establishes common rules to facilitate the recognition and enforcement of foreign judgments between Contracting States of the Convention: HCCH | Judgments Section.

The Scottish Parliament's Rural Affairs, Islands and Natural Environment Committee held a call for views on Common Frameworks.

The Scottish Parliament's Net Zero, Energy and Transport Committee held a call for views on Environmental Common Frameworks.

The UK Parliament's Environment, Food and Rural Affairs Committee sought views from interested individuals and organisations on the DEFRA Common Frameworks.

The Scottish Parliament's Delegated Powers and Law Reform Committee is considering how the made affirmative procedure has been used by the Scottish Government during the pandemic and has issued a call for views.

The Scottish Parliament's Constitution, Europe, External Affairs and Culture Committee issued a call for views on the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 Policy Statement and Annual Report.

The Constitution Committee in the House of Lords has published its report into the Revision of the Cabinet Manual.

The Committee of Privileges has published its report Select committees and contempts: clarifying and strengthening powers to call for persons, papers and records. The report has been published as part of its inquiry into select committee powers.

 

 

The Constitution Committee examines all public bills for constitutional implications and investigates broad constitutional issues.

Following on from the conclusion of the independent review of administrative law, the Ministry of Justice has published a consultation on proposals for the reform of judicial review.

The House of Lords Constitution Committee has launched an inquiry into how the Cabinet Manual should be used, and the revisions that would be required to make it more user-friendly.

The Joint Committee on the Fixed-Term Parliaments Act has been appointed to carry out a review of the operation of the 2011 Act and make recommendations for the repeal or amendment of that Act as necessary.

The Independent Review of Administrative Law (IRAL) was launched in July 2020 to consider options for reform to the process of Judicial Review

In July this year, the Secretary of State for Business, Energy and Industrial Strategy, Alok Sharma published a white paper on plans to legislate for a UK internal market to ensure that cross-border business can continue unimpeded within the UK once the many powers previously exercised at EU level are returned to the UK Government and devolved administrations. According to the white paper, these proposals will give devolved administrations “unprecedented regulatory freedom within new UK frameworks, allowing them to benefit from opportunities to innovate”.

 

 

The Scottish Parliament's Constitution, Europe, External Affairs and Culture Committee opened an UK Internal Markets Inquiry on 13 September 2021 to consider the implications of the UK internal market for Scotland including how devolution works.

The Ministry of Justice launched a consultation on the Departure from Retained EU case law by UK Courts and Tribunals in July 2020.

 

The Constitution Committee carried out an inquiry into the constitutional implications of Covid-19 in 2020.

 

The Committee is inquiring into the COVID-19 pandemic, focusing on the four-nation approach, intergovernmental communication, scientific advice, policy divergence, and the impact of coronavirus on various sectors in Scotland.

The UK Parliament's Public Administration and Constitutional Affairs Committee launched an inquiry into the Fixed-term Parliaments Act 2011.

The UK Parliament's Public Administration and Constitutional Affairs Committee has issued an Inquiry into the Role of Parliament in the UK Constitution: The Scrutiny of International and Other Agreements.  

The UK Parliament's European Scrutiny Committee has issued an Inquiry into Post-Brexit Scrutiny of EU Law and Policy

  • View the inquiry on the UK Parliament's website
  • View the Law Society's response here (September 2019)

The UK Parliament's Exiting the European Union Committee has issued an inquiry on the role of the parliament on the progress of the UK’s negotiations on EU withdrawal.

Ahead of the Motion for debate in the Scottish Parliament tabled by Patrick Harvie MSP on revoking Article 50, we have issued comment on its legal consequences. 

We have issued comment on the Draft European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) Regulations 2019.

Ahead of the debates on Motion 2 in the Prime Minister's name on Order Paper 274 on section 13 of the European Union (Withdrawal) Act 2018 on 25 March 2019 we issued comment on the legislative consequences of the proposed amendments.

The House of Commons Liaison Committee has launched an inquiry on the effectiveness and influence of the select committee system.

The Scottish Government has issued a consultation on a proposal for ensuring compliance with the European Convention on Human Rights on the matter of prisoners voting.

The UK Parliament's Joint Committee on Human Rights has issued an inquiry into whether parliament should set up a specific mechanism to scrutinise international agreements for compliance with human rights post-Brexit and what processes should be followed to ensure adequate scrutiny of compliance with human rights standards in international agreements.

The House of Lords Constitution Committee held an inquiry into Parliamentary scrutiny of treaties. 

The UK Parliament's Scottish Affairs Committee has issued an inquiry investigating the relationship between the UK and Scottish governments.

The House of Commons Procedure Committee has issued a call for evidence on the Withdrawal Agreement Bill.

The UK Parliament's Joint Committee on Human Rights has issued an inquiry on 20 years of of the Human Rights Act.

The UK Government has issued a White Paper on Legislating for the Withdrawal Agreement between the United Kingdom and the European Union. The White Paper sets out how the Government will implement the final Withdrawal Agreement reached with the EU in UK law. 

The Scottish Parliament's Finance and Constitution Committee has issued an inquiry on common UK frameworks.

The House of Lords Constitution Committee has issued an inquiry into the legislative process to follow its 2004 report on Parliament and the Legislative Process.

The UK Government's International Trade Committee has issued an inquiry into UK Trade Policy Transparency and Scrutiny:

The House of Lords' Secondary Legislation Scrutiny Committee has issued a short inquiry investigating the criteria which should be applied in deciding whether a statutory instrument (SI) to be laid under clauses 7 to 9 of the European Union (Withdrawal) Bill should be upgraded from a negative to an affirmative procedure instrument.

The House of Lords Liaison Committee has launched a wide-ranging review of investigative and scrutiny committees, the first full review in 25 years. The review aims to investigate issues such as how committees can add value to the scrutiny work of the House of Lords as a second chamber and what the strengths and weaknesses are of the current House of Lords committee structure and what should change.

The UK Government has issued a policy paper outlining the United Kingdom's position on cross-border civil judicial cooperation in the future partnership with the European Union.

The House of Commons Procedure Committee has issued a further call for evidence seeking views on the operation of the proposed sifting committee to consider secondary legislation under the European Union (Withdrawal) Bill.

The House of Commons EU Justice Sub-Committee has issued an inquiry to consider enforcement and dispute resolution post-Brexit.

The UK Parliament's Public Administration and Constitutional Affairs Committee has issued an inquiry on devolution and exiting the EU.

The UK Parliament's Joint Select Committee on Human Rights is currently scrutinising the European Union (Withdrawal) Bill.

The UK Government and the EU Commission have issued position papers with regards to judicial and administrative proceedings that are ongoing at the point of exit from the European Union.

The Scottish Parliament Equalities and Human Rights Committee have issued an inquiry on prisoner voting in Scotland.

The UK Government has issued a policy paper which sets out the government's offer for EU citizens in the UK and UK nationals in the EU on their rights and status after the UK leaves the EU.

The Constitutional Law Sub-Committee issued a briefing ahead of the Debates on the Address on 27 and 28 June 2017.

The Great Repeal Bill White Paper sets out the government’s proposals for ensuring a functioning statute book once the UK has left the EU.

The Public Administration and Constitutional Affairs Committee has launched an inquiry to investigate channels of meaningful engagement between the UK Government and the devolved administrations during negotiations on the UK's withdrawal from the EU.

The Scottish Government has published for consultation a draft Referendum bill in order that it is ready for introduction should the Scottish Government conclude that seeking the view of the Scottish people on independence is the best or only way to protect Scotland's interests in the wake of the EU referendum.

On 17 January 2017 the Prime Minister set out the 12 principles which will guide the government in fulfilling the democratic will of the people of the United Kingdom. The UK Government's White Paper sets out the basis for these priorities and the approach to forging a new strategic partnership between the United Kingdom and the EU.

The House of Lords European Union Committee has issued an inquiry to consider the political and economic implications of Brexit for Scotland, Wales and Northern Ireland, and the devolution settlement as a whole.

The Commission on Parliamentary Reform has issued a call for written views on all three aspects of their remit, namely: how the Scottish Parliament engages with the people of Scotland; the identity of the Scottish Parliament, as distinct from the Scottish Government; and whether the right 'checks and balances' are in place to ensure effective parliamentary business.

Human rights

Our responses to consultations in the area of human rights.

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Constitutional Law and Human Rights Sub-Committee

Our expert group on constitutional law and human rights.

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Our input to parliamentary bills

To help shape good law, we regularly provide responses and briefings related to bills from Holyrood and Westminster.

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