4.1 • 102 Ratings
🗓️ 24 February 2023
⏱️ 28 minutes
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0:00.0 | Hello everyone and welcome to what is already the third episode of our brand new |
0:17.0 | UK.S. Itel podcast from the UK and a changing Europe. And I'm absolutely delighted today to be |
0:22.2 | able to welcome Aileen McCarg, who's a professor of public law and human rights at Durham University |
0:27.4 | and a particular expert in devolution and the UK's territorial constitution. Aileen, thank you so |
0:33.3 | much for joining us today. Thanks for inviting me. And without further ado, I'm going to crack on |
0:37.4 | because of quite a lot I want to get through with you today. I want to start with Brexit. |
0:41.3 | And I suppose the first question is, have we had long enough now to fully understand and |
0:46.9 | appreciate the long-term effect that Brexit is having on the UK's territorial constitution? |
0:51.8 | Well, I think the answer to that is yes and no. We can say with |
0:57.0 | confidence that Brexit has had more than a temporary effect on the territorial constitution, |
1:02.9 | both in terms of the powers of the devolved institutions and the creation of a new legal |
1:08.3 | architecture for the UK internal market. And in relation to the |
1:12.6 | more general constitutional context of which devolution operates and the rise at a much more |
1:18.0 | assertive UK level, I think enough time was passed to be able to see that, you know, that |
1:23.7 | was not just a temporary blip to deal with the abnormal circumstances of Brexit, |
1:29.3 | but has quite clearly now spilled over into other issues, so as really to create a new normal. |
1:36.3 | So we're seeing many more disputes between the devolved and UK levels really across the board, |
1:43.3 | more disputes about legislation affecting devolved |
1:46.7 | competencies, increased examples of UK ministers taking powers in devolved areas, a lack of consultation |
1:54.6 | and notification, and of course, the increasingly assertive use of the kind of various powers of supervision that |
2:03.4 | the UK ministers have over the devolved level. But I think we still can't say for certainty |
2:08.3 | where all this might end. Of course, the boundaries of the state may remain highly contested, |
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