Monthly Archives: January 2012
Gavin Anderson et al: The Independence Referendum, Legality and the Contested Constitution: Widening the Debate
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 authorising a referendum on the question whether Scotland should become … Continue reading
Filed under Scotland
Paul Kildea: Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples: The ‘what’ and ‘how’ of reform
Amending the text of the Australian Constitution has been described as a ‘labour of Hercules’. It has been changed just eight times since Federation in 1901 (out of 44 attempts) and has remained unaltered for more than three decades. But … Continue reading
Filed under Constitutional reform, Human rights
Ruiyi Li: Case-law adopted by China?
On the 26th of November 2011, the Supreme People’s Court of China (SPCC) announced the first set of ‘guiding cases’: two civil law cases and two criminal cases. This marks the establishment of the guiding cases system in China. What is … Continue reading
Filed under Comparative law
Aileen McHarg: Public Law, Private Law and the Distinctiveness of Scots Judicial Review
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, 2000, ch 2), the basis for judicial review in Scotland is … Continue reading
Filed under Judicial review, Scotland
Paul Yowell: EU Act 2011: Law and Politics
The European Union Act 2011, which received royal assent in July of last year, could have important implications for several aspects of the UK constitution, including the UK’s relationship with the EU, the understanding of parliamentary sovereignty, the question of … Continue reading
Filed under European Union, UK Parliament
Sophie Duxson and Greg Weeks: A Constitutional crisis or just the work of a sovereign Parliament?: The case of Hungary
On 1 January 2012, a new Constitution (or Fundamental Law) took effect in the Central European state of Hungary. From even before that date, there has been considerable international comment to the effect that the governing Fidesz party, led by … Continue reading
Filed under Human rights, Judiciary
Tom Adams: Lord Sumption and Judicial Responsibility
Lord Sumption has for some time been an important man, and very recently became more important.[1] Indeed, he was too important already on the 9th of November 2011 for Lincoln’s inn, which reached capacity long before he read the opening … Continue reading
Filed under Judicial review, Judiciary
Adam Tomkins: The Scottish Parliament and the Independence Referendum
I read with great interest the stimulating post written on this subject by Nick Barber. He makes three points that I would take issue with. The first is a detail, but an important one none the less. Nick summarises the … Continue reading
Filed under Devolution, Scotland
Cormac Mac Amhlaigh: … yes, but is it legal? The Scottish Independence Referendum and the Scotland Act 1998
The question of the legality of a referendum on Scottish independence pursuant to an Act of the Scottish Parliament has been a hobbyhorse of Scottish constitution- watchers since before the Scotland Act 1998 (SA) came into force. It has now … Continue reading
Filed under Devolution, Scotland
Mike Gordon: The European Union Act 2011
The European Union Act 2011 (EUA) is an unprecedented constitutional experiment. This post will outline the two main innovations of the Act: (1) the section 18 ‘sovereignty’ clause; and (2) the scheme of ‘referendum locks’ introduced in sections 2, 3 … Continue reading
Filed under European Union, UK Parliament
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Constitutional Law Group
