Tag 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
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
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
Gordon Anthony: Axa – A view from Northern Ireland
It is a little over 6 weeks since the Supreme Court delivered its long-awaited ruling in Axa General Insurance v Lord Advocate [2011] UKSC 46. Although the ruling was of primary importance to Scottish law – see, for instance, its … Continue reading
Filed under Devolution, Northern Ireland, Scotland
Stephen Tierney: The Scotland Bill before the Scottish Parliament
The Scotland Bill, which intends to implement the Calman Committee report , is currently before the Scottish Parliament for consideration under the Sewel convention. It is being assessed by a specially convened Committee of the Parliament which is considering whether … Continue reading
Filed under Devolution, Scotland, UK Parliament
Aileen McHarg: Final Appeals in Scots Criminal Cases
On 25 May, the Supreme Court handed down its judgment in Fraser v Her Majesty’s Advocate [2011] UKSC 24, which held that Fraser, who had been convicted of murdering his wife, had received an unfair trial contrary to Article 6 … Continue reading
Stephen Tierney: Britain wakes up to the referendum
The referendum has crept up on the British constitution. As late as 1997 it appeared to be a fairly exotic device used only for highly exceptional constitutional situations which also threatened a political split in the party of government. But … Continue reading
Filed under Constitutional reform, Devolution, Scotland
Aileen McHarg: SNP Wins Overall Majority in Holyrood
If the Labour Party supported Scottish devolution as a means of ‘dishing the Nats’, it is a tactic which has spectacularly backfired. At the fourth Scottish Parliament elections on 5 May, the Scottish National Party (SNP) won an overall majority … Continue reading
Filed under Devolution, Scotland
Aileen McHarg: Axa General Insurance Ltd. v. The Lord Advocate
The Inner House of the Court of Session has handed down its much-anticipated judgment in Axa General Insurance Ltd. v. The Lord Advocate [2011] CSIH 31. Probably the most important decision on the validity of devolved legislation to date, it … Continue reading
Filed under Devolution, Human rights, Scotland
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