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Old Oct 5, 2020 | 10:54 am
  #25  
orbitmic
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Originally Posted by 13901
Sardinia attempted to do something of that kind in late August (and intelligently destroyed the last few weeks of the summer season) before judges slapped their wrist for doing something patently anti-constitutional (movement is a central government prerogative in Italy). Could a UK nation do something like this?
I think that the legal case in the UK would be somewhat different (and indeed, when Scotland first mentioned the possibility in principle, Westminster, whilst expressing outrage stayed well clear of suggesting that this would be illegal). The four nations are competent for health policy (hence the differentiated quarantines and decisions of local lockdowns made by the relevant administrations rather than central Government) and would undoubtedly make the case that this is simply a public health provision.

It is of course possible that some may go to court to try and invalidate the decisions (presumably on the grounds that it creates unequal restrictions to freedom of movement within the UK?), but my personal guess is that their work would be cut out for them. If it is acknowledged that the four nations can impose local restrictions/lockdowns to specific cities, counties or districts, as well as to decide on quarantine for people who have been to given countries, then it seems to me that it would be hard to argue that they would not be allowed to impose similar restrictions for people arriving from parts of the UK which are affected by even higher infection rates especially if they provide a specific and transparent criterion to justify the restriction (ie not a blanket "the rest of the UK" but specific counties regions with, say, infection rates above 200 at decision time).
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