Uploaded March 2025 | Updated September 2026, 2 weeks ago
20 March 2025, 1:00 pm–2:30 pm
This event is organised by the UCL Global Centre for Democratic Constitutionalism.
Speakers: Dr Christopher McCorkindale (University of Strathclyde) and Professor Aileen McHarg (Durham University)
Commentators: Professor Rick Rawlings (UCL) and Akash Paun (Institute for Government)
Chair: Professor Erin Delaney (UCL)
Summary
In this edition of the Public Law Seminar Series, hosted by the Global Centre for Democratic Constitutionalism at UCL Laws, scholars Christopher McCorkindale and Aileen McHarg will present on their cutting-edge analysis of the Sewel Convention. Following the presentation, commentators will offer their remarks, leading into further discussion.
Presentation Abstract
Although the UK Parliament retains unlimited law-making powers in devolved areas, this is tempered by a political rule – the Sewel Convention – that the UK Parliament will ‘not normally’ do so without the consent of the relevant devolved legislature(s). The Convention both facilitates co-operation between the UK and devolved authorities and provides a safeguard for devolved autonomy against unwelcome UK legislation. In the pre-Brexit era the operation of the Convention was mostly uncontroversial, with only one (accidental) breach of the convention that was quickly remedied. Our hypothesis is that Brexit has resulted in an increased willingness on the part of the UK Parliament to legislate in devolved areas without consent. This has caused the devolved governments to lament a 'broken' convention that undermines UK-devolved co-operation and that weakens the safeguards for devolved autonomy. At the same time, in many policy areas outside of the Brexit context, devolved consent is routinely given to UK legislation of a technical nature or for pragmatic reasons. According to the UK Government, this demonstrates that the Convention is still working and that controversy can be contained to the 'abnormal' Brexit context. Through textual analysis of legislative consent memorandums lodged in the three devolved legislatures and interviews conducted with political actors and officials engaged in the process, this paper seeks to demonstrate, understand and analyse the changing operation of the Sewel Convention, what it means for devolved autonomy and the proper functioning of the UK Constitution, and how (if at all) the Convention might be strengthened following the change of UK Government at the 2024 UK General Election.
20 March 2025, 1:00 pm–2:30 pm
This event is organised by the UCL Global Centre for Democratic Constitutionalism.
Speakers: Dr Christopher McCorkindale (University of Strathclyde) and Professor Aileen McHarg (Durham University)
Commentators: Professor Rick Rawlings (UCL) and Akash Paun (Institute for Government)
Chair: Professor Erin Delaney (UCL)
Summary
In this edition of the Public Law Seminar Series, hosted by the Global Centre for Democratic Constitutionalism at UCL Laws, scholars Christopher McCorkindale and Aileen McHarg will present on their cutting-edge analysis of the Sewel Convention. Following the presentation, commentators will offer their remarks, leading into further discussion.
Presentation Abstract
Although the UK Parliament retains unlimited law-making powers in devolved areas, this is tempered by a political rule – the Sewel Convention – that the UK Parliament will ‘not normally’ do so without the consent of the relevant devolved legislature(s). The Convention both facilitates co-operation between the UK and devolved authorities and provides a safeguard for devolved autonomy against unwelcome UK legislation. In the pre-Brexit era the operation of the Convention was mostly uncontroversial, with only one (accidental) breach of the convention that was quickly remedied. Our hypothesis is that Brexit has resulted in an increased willingness on the part of the UK Parliament to legislate in devolved areas without consent. This has caused the devolved governments to lament a 'broken' convention that undermines UK-devolved co-operation and that weakens the safeguards for devolved autonomy. At the same time, in many policy areas outside of the Brexit context, devolved consent is routinely given to UK legislation of a technical nature or for pragmatic reasons. According to the UK Government, this demonstrates that the Convention is still working and that controversy can be contained to the 'abnormal' Brexit context. Through textual analysis of legislative consent memorandums lodged in the three devolved legislatures and interviews conducted with political actors and officials engaged in the process, this paper seeks to demonstrate, understand and analyse the changing operation of the Sewel Convention, what it means for devolved autonomy and the proper functioning of the UK Constitution, and how (if at all) the Convention might be strengthened following the change of UK Government at the 2024 UK General Election.
