The legal status of unlawful legislation: Salvesen v Riddell [2013] UKSC 22

Salvesen v Riddell [2013] UKSC 22 is interesting and significant for all sorts of reasons, not least because the UK Supreme Court ruled part of an Act of the Scottish Parliament to be unlawful—that is, outside Holyrood’s competence—on the ground that it conflicted with the European Convention on Human Rights. The facts of the case and the legal issues raised by it are well summarized in the press release that accompanied the judgment, and I will not repeat them here. However, the most interesting aspect of the case (to me) is what may at first appear to be an obscure … Continue reading The legal status of unlawful legislation: Salvesen v Riddell [2013] UKSC 22