Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
Though Wales’ legal profile is rising, its cases form a ‘minuscule proportion’ of the court’s work and there is no distinct Welsh system akin to Scotland’s.
While knowledge of Welsh law may be relevant, appointing on the basis of a reserved place would be unlawful. For now, he concludes, there is ‘no Welsh seat by law or custom’.
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