Jurisdiction and Devolution Issues

This article examines three cases from the past judicial year: R (Barclay) v Secretary of State for Justice (No 2), ¹ Moohan v Lord Advocate,² and Recovery of Medical Costs for Asbestos Diseases (Wales) Bill Reference.³ Each of these cases touches upon a complex theme, namely the relationship between different legal orders associated with the UK—e.g. the constituent parts of the UK itself, satellites such as the Channel Islands, and the supra-national legal order of the European Union. They in turn treat the relationship between particular normative institutions within the respective orders, such as the devolved legislatures, the UK Parliament, the Crown, the Supreme Court, and the European Court of Human Rights.