Devolution, National Pluralism and the Role of the UK Supreme Court.

Abstract

This article concerns the role of the UK Supreme Court in the devolution settlement. It starts by describing the approach adopted by the Supreme Court in relation to devolution cases, characterised by a style of reasoning strictly tied to the literal meaning of the statutory text, and an expansive understanding of the principle of parliamentary sovereignty. The article argues that the purpose of devolution is the accommodation of national pluralism: devolution institutionalises the unique plurinational nature of the UK, accommodating the claims to self-government advanced by the UK's minority nations. This has important implications for the Supreme Court: in deciding devolution cases, the Supreme Court can contribute positively or negatively to the achievement of this purpose. I maintain that the Court ought to reason and interpret the devolution statutes in a manner which promotes the accommodation of national pluralism, moving away from the current approach. The argument is illustrated with an analysis of the IndyRef2 judgment, in comparison with the Canadian Quebec Secession Reference.