The constitutional fall-out from Brexit has been dramatic and wide-ranging. The impact of withdrawal on devolution and the territorial constitutionis examined.
The focus of this article is the impact of withdrawal on devolution and the territorial constitution, through an examination of the market access principles that are at the core of the United Kingdom Internal Market Act 2020 (UKIMA).
"We argue that whilst the legislation draws on familiar tools of internal market management, it does so in a way that is ill-adapted to the distinctive features of the UK, wherein one territory, England, is so much larger in market terms than the rest. The Act has restrictive – and potentially damaging – consequences for the regulatory capacity of the devolved legislatures that live next door to this English elephant, both by limiting the reach of devolved law, and by increasing pressure to conform to regulatory norms set by the UK government for England. UKIMA, as one amongst a series of continued provocations to devolved power, most of which have been introduced in the face of considerable opposition from the devolved institutions, presents significant challenges for the continuation of an increasingly fragile union."
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