Aileen McHarg: Public Law, Private Law and the Distinctiveness of Scots...
Scottish judges and textbook writers are fond of asserting the distinctive nature of judicial review in Scotland compared with England. According to Clyde and Edward, for example, (Judicial Review,...
View ArticleGavin Anderson et al: The Independence Referendum, Legality and the Contested...
Two weeks ago, the UK Government published its consultation document on Scotland’s Constitutional Future, in which it stated its view that the Scottish Parliament has no power to enact legislation...
View ArticleGrégoire Webber: On Independence for Scotland: An Overview Of Canadian...
Canadian constitutional experience with federal-provincial relations and a bill of rights has provided a point of comparison for the United Kingdom’s devolution measures and Human Rights Act. Today,...
View ArticleHouse of Lords Select Committee on the Constitution Produces Report on...
The House of Lords Select Committee on the Constitution has published a report on the legal issues raised by the proposed referendum on Scottish Independence. One of the issues they discuss is the...
View ArticleNick Barber: The Virtues of Advisory Referendums
The question of the capacity of the Scottish Parliament to hold an advisory referendum is one that has exercised contributors to this blog. The dispute turns on a piece of statutory interpretation....
View ArticleNicholas Aroney: Federal Models for a U.K. Constitution?
When the referendum really comes, the sovereign Parliament must go. But whether for good or for evil, the referendum, in principle at least, seems to be coming. – C. H. McIlwain, The High Court of...
View ArticleEvent: Scottish Public Law Group Annual Conference
Scottish Public Law Group Annual Conference The SPLG’s Annual Update Conference on public law will take place on Monday 11th June at the Roxburghe Hotel in Edinburgh. This full day conference will...
View ArticleAileen McHarg: The Dog That Finally Barked: Constitutional Review under the...
The reviewability of Acts of the Scottish Parliament (ASPs) at common law has, understandably, attracted considerable interest of late, on this blog and elsewhere. However, the Supreme Court’s...
View ArticleNews: Scottish Referendum Question Appears to be Resolved.
The debate over the legality of a Scottish referendum appears to be over. The media are reporting that the Scottish and Westminster governments are on the verge of agreement, using a section 30 order...
View ArticleJo Eric Khushal Murkens and Peter Jones: Salmond and Cameron order a dog’s...
Countries that are used to referendums on constitutional matters use them sparingly. The UK has no such constitutional requirement, but faces the possibility of having to deal with two such...
View ArticleStephen Tierney: After the referendum – the Scottish Government’s proposal...
The debate over Scottish independence has turned recently to discussion of the post-referendum landscape. On 5 February the Scottish Government published Scotland’s Future: from the Referendum to...
View ArticlePaul Reid: Independence, the referendum, the franchise and prisoners: stormy...
The Scottish Parliament has started giving legislative effect to the Edinburgh Agreement that was signed in October 2012. The first measure to be brought before the Parliament earlier this week was...
View ArticleIain Jamieson: The Leveson Report, the Royal Charter and the Scottish Parliament
The Scottish Parliament can legislate to regulate the press in Scotland. This is because this matter is not made a reserved matter. In principle, therefore, it would be competent for the Scottish...
View ArticleAileen McHarg: The Leveson Report, the Royal Charter and the Scottish...
Iain Jamieson’s earlier post argues that the ability of the Scottish Parliament to implement its own model of press regulation in response to the Leveson Report has effectively been ousted by the UK...
View ArticleMark Elliott: Devolution, the West Lothian Question, and the nature of...
Earlier this week, the McKay Commission published its Report on the Consequences of Devolution for the House of Commons. The Commission’s terms of reference required it to determine “how the House of...
View ArticleAileen McHarg: Access To Judicial Review In Scotland
Readers of this blog will be familiar with the controversial reforms to the judicial review procedure in England and Wales (discussed by Elliott and by Bondy & Sunkin), premised on the need to...
View ArticleStephen Tierney: Towards a Fair and Democratic Process? Regulating the...
The referendum on independence is still a year away and already attention is focused on major substantive issues such as economic relations between an independent Scotland and the United Kingdom, and...
View ArticleNeil Walker: The Receding Tape
And so the countdown begins. But the countdown to what? Twelve months from now we should know the result of the referendum, but just how significant a marker will that be on Scotland’s constitutional...
View ArticleNews: Scottish White Paper
The White Paper on Scottish Independence was published yesterday. It can be accessed online, or those within the United Kingdom can request a hard copy by emailing:...
View ArticleStephen Tierney: The Scottish Constitution After Independence
According to the Scottish Government White Paper issued this week, Scotland’s Future, an independent Scotland will have a new written constitution (this repeats the commitment contained in the Scottish...
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