Parlamenti, Corti e struttura territoriale dello Stato: il Regno Unito tra Brexit e devolution

The territorial constitution of the United Kingdom is currently under stress. Its asymmetry is indeed deepened by both devolution and Brexit. The objective of the essay is twofold. First, to explore the tensions that both the phenomena are creating within Westminster Parliament and between Westminster Parliament and devolved legislatures. Second, to show how Brexit and devolution are increasing the role of the judiciary in striking a balance between Westminster and Holyrood Parliaments as competing legislators. Particular attention will be devoted to their very first competence conflict in twenty years of devolution, triggered by the Government of the UK pre-enactment scrutiny of the EU (Legal Continuity) (Scotland) Bill before the Supreme Court.