Category Archives: Scotland
Nicholas 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 Parliament and Its Supremacy (1910), … Continue reading
Filed under Comparative law, Scotland
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
House of Lords Select Committee on the Constitution Produces Report on Legality of Scottish Referendum.
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 capacity of the Scottish Parliament to legislate … Continue reading
Filed under Scotland
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
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
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
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
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