Keeping pace powers : delegated legislation and Scotland’s alignment with EU law

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Taylor, Robert Brett and Wilson, Adelyn (2026) Keeping pace powers : delegated legislation and Scotland’s alignment with EU law. Edinburgh Law Review, 30 (3). ISSN 1364-9809 (In Press)

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Abstract

This article examines Scotland's "keeping pace" power, granted under section 1(1) of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021. Through analysis of the three Scottish Statutory Instruments made under the power to date, this article shows how the Scottish Government has interpreted and used the power in practice. It highlights the ongoing centrality of delegated legislation to the UK's legal landscape and raises questions about legislative choice and the interaction of powers as well as the design of any future UK framework for dynamic alignment with EU law.

ORCID iDs

Taylor, Robert Brett ORCID logoORCID: https://orcid.org/0009-0003-3140-0410 and Wilson, Adelyn ORCID logoORCID: https://orcid.org/0000-0001-5398-6799;
CORE (COnnecting REpositories)