Brexit Challenges & Opportunities: Constitutional Law & Government

Withdrawal from the EU has implications for the distribution of powers between the different governments and legislatures within the UK. Additionally, as EU frameworks for areas of public policy cease to apply, new UK frameworks will need to be evolved to replace them. It is crucial therefore, that more effective UK intergovernmental relations, procedures and structures are fostered to facilitate the new arrangements post-Brexit and, that decisions on where the repatriated EU powers lie are made with the input of the devolved legislatures.

Brexit will produce an unprecedented amount of legislation, which could mean that the usual procedures for parliamentary oversight are not possible. The RSE advises that consent must be sought for legislation that would impact upon devolved matters and that adequate scrutiny is taken by the appropriate legislatures.

The RSE advice paper recognises that capacity within the Scottish civil service will need to increase to cope with the work involved in establishing new frameworks for all of the areas currently covered by EU legislation.

Download Brexit_AP17-16_Constitutional Law and Government_Jul2017

Policy identifier

AD 17-16

Chair

Professor Paul Beaumont FRSE

Published date

July 2017