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It all amounts to a unique test of a constitutional system that for centuries has operated under a certain amount of good faith.

He urged both parties to "negotiate in good faith".

Swinney said courts in Scotland had twice supported the Scottish government position and his government had always acted in "good faith" but added that the Supreme Court had provided legal certainty.

With a government that in both court and public statements appears disinterested in cooperating beyond the bare minimum in these immigration cases, the courts can no longer assume good faith, he argued.

The Scottish government said ministers had acted "in good faith" during the legal proceedings.