Category Archives: Devolution
Stephen Tierney: Canadian Constitutional Change 30 Years On: Notes from a Small Island
A number of events have been held recently in Canada to mark the 30th anniversary of the ‘patriation’ of the constitution through the (Westminster enacted) Canada Act 1982, schedule B of which contained the Constitution Act, 1982. The main developments … Continue reading
Filed under Comparative law, Devolution, UK Parliament
Reminder of UKCLG-sponsored meeting on Monday 21 May 2012, 6 pm
The event is organised by the Italian Cultural Institute of London, the Devolution Club, the UK Constitutional Law Group, the Federal Trust, London Metropolitan University, and the Center for Constitutional Studies and Democratic Development.
Filed under Comparative law, Devolution, Events
UKCLG meeting: The referendum in the United Kingdom, 21 May 2012, 6 pm
UK Constitutional Law Group’s next meeting is on “The Referendum in the United Kingdom” (The 7th Italian-British Constitutional Conversation) Monday 21 May 2012, 6 pm Italian Cultural Institute of London, 39 Belgrave Square, London SW1X 8NX Foreword: Alessandro TORRE , … Continue reading
Filed under Constitutional reform, Devolution, Events
Nick 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. The law in question is found in section … Continue reading
Filed under Devolution, Scotland, UK government
Grégoire Webber: On Independence for Scotland: An Overview Of Canadian Experience
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, with the question of Scotland’s independence animating constitutional debates, Canadian constitutional experience … Continue reading
Filed under Scotland, Devolution, Comparative law
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
Christopher McCrudden: Scottish Independence Referendum: the Northern Ireland and international human rights law dimensions
Nick Barber’s post on a Scottish referendum raises many interesting issues, not least the implications of setting the issue in the context of British constitutional development as a whole. He misses at least two pieces of the jigsaw, however, which … Continue reading
Filed under Devolution, Northern Ireland, Scotland
Nick Barber: Scottish Independence and the Role of the United Kingdom
It now seems certain that there will be a referendum on Scottish independence in the near future. This call for a referendum has thrown up a number of tricky constitutional issues: in particular, who can call a referendum, and the … Continue reading
Filed under Constitutional reform, Devolution, Scotland, UK government
Tarun Khaitan: How to interpret Constitutional Statutes?
Most of us will be aware of the famous remarks of Lord Justice Laws in Thoburn v Sunderland City Council (2002) that constitutional statutes are immune from implied repeal, and therefore somewhat entrenched against Parliament. The issue of the entrenchment … Continue reading
Filed under Devolution, Judicial review, Northern Ireland, Scotland, Wales
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