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A very different book from its predecessor in the SULI series, J D B Mitchell's Constitutional Law, which was first published almost fifty years ago. This title's aim is to provide an authoritative account of both the new Scottish constitution and the contemporary governance of Scotland. It also charts the long march towards 'accountable' government in Scotland. After exploring the new Scottish constitution as set out in the Scotland and the Human Rights Act, it examines the separate Scottish, United Kingdom and European dimensions of the contemporary governance of Scotland. Constitutional law.
Scotland.s Constitution: Law and Practice is a clear, comprehensive account of the Scottish dimension of constitutional law within its UK and European context. It describes and analyses constitutional arrangements while integrating that analysis with a general background to constitutional law and the UK institutions which have a continuing relevance for the government of Scotland. This highly regarded text considers law-making powers for Scotland, the legislative process at Westminster and at Holyrood, the accountability and scrutiny of government, the independence of the judiciary and the role of the courts in interpreting and adjudicating upon constitutional and administrative law questions. The second edition has been fully updated throughout and includes a wholly new chapter, entitled Citizen and State, covering important recent developments in human rights and civil liberties. Account is also taken of the work of the Calman Commission, the current Scottish government.s .National Conversation. and developments in the House of Lords and the Supreme Court. Further new material relating to data protection and freedom of information, elections and the reform of the tribunals system has been included. This text provides an essential introduction to constitutional law for law students and for others with a general interest in this subject. Chris Himsworth is Professor of Administrative Law at the University of Edinburgh and is a Solicitor admitted in Scotland and in England and Wales. Christine O.Neill is a Partner at Brodies LLP. Contents: Constitutions and Constitutional Law; Constitutional Law and Constitutional Values; The Scottish Constitutional Context; The UK and Scottish Parliaments; Law-Making Competences for Scotland; The UK Government and the Scottish Executive; Local Authorities and Other Public Bodies; Law-Making Procedures; The Parliamentary Accountability of Government; Public Finance; Courts and the Independence of Judiciary; Public Law Adjudication; I
The Handbook of Scottish Politics provides a detailed overview of politics in Scotland, looking at areas such as elections and electoral behaviour, public policy, political parties, and Scotland's relationship with the EU and the wider world. The contributors to this volume are some of the leading experts on politics in Scotland.
This volume provides an introduction to the United Kingdom's constitution that recognises and embraces its historical, social, political, and legal dimensions. It critically examines the radical changes to the UK constitution that have occurred over the last thirty years, paying particular attention to the revival of the constituent territories of the UK - Wales, Scotland, Northern Ireland, and England - and to the increasing role played by the judges in constitutional disputes. The UK constitution is presented as being shaped by a set of constitutional principles, including state sovereignty, separation of powers, democracy, subsidiarity, and the rule of law, principles which set the overall structure of the constitution and inform statutes and the decisions of judges. Adopting a principled approach to the UK constitution allows us to see both the clarity of the constitution's structure and also helps explain its complexities.
A course on the Scottish legal system is a compulsory part of undergraduate degrees in Scots Law. The Scottish Legal System sets out to present the 'legal system and law of Scotland as a unique and constantly changing human enterprise' and places the Scottish legal system in its broader political and social contexts. This is achieved by covering not only the central aspects of the system, such as the courts and the legal profession, but also the border areas with constitutional law and jurisprudence. This new sixth edition includes new case law on devolution and human rights issues in Scotland. This well established text provides an up-to-date treatment of all significant developments affecting the Scottish legal system.
Law making is a primary function of government, and how well the three devolved UK legislatures exercise this function will be a crucial test of the whole devolution project. This book provides the first systematic study and authoritative data to start that assessment. It represents the fruits of a four-year collaboration between top constitutional lawyers from Scotland, Wales and Northern Ireland and leading researchers in UCL's Constitution Unit. The book opens with detailed studies of law making in the period 1999–2004 in the Scottish Parliament and the Assemblies in Wales and Northern Ireland, and how they interact with Westminster. Later contributions look at aspects of legislative partnership in the light of the UK's strongly asymmetric devolutionary development, and also explain the unexpected impact of devolution on the courts. Individual chapters focus on various constitutional aspects of law making, examining the interplay of continuity and change in political, legal and administrative practice, and the competing pressures for convergence and divergence between the different parliaments and assemblies. This book is essential reading for academics and students in law and in politics, and for anyone interested in the constitutional and legal aspects of UK devolution, not least the practitioners and policymakers in London, Edinburgh, Cardiff and Belfast.
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
The September 2014 Scottish independence referendum was an event of profound constitutional and political significance, not only for Scotland, but for the UK as a whole. Although Scottish voters chose to remain in the UK, the experience of the referendum and the subsequent political reaction to the 'No' vote that triggered significant reforms to the devolution settlement have fundamentally altered Scotland's position within the Union. The extraordinary success of the Scottish National Party at the 2015 General Election also indicates that the territorial dimension to UK constitutional politics is more prominent than ever, destabilising key assumptions about the location and exercise of constitutional authority within the UK. The political and constitutional implications of the referendum are still unfolding, and it is by no means certain that the Union will survive. Providing a systematic and academic analysis of the referendum and its aftermath, this interdisciplinary edited collection brings together public lawyers, political scientists, economists, and historians in an effort to look both backwards to, and forwards from, the referendum. The chapters evaluate the historical events leading up to the referendum, the referendum process, and the key issues arising from the referendum debate. They also explore the implications of the referendum both for the future governance of Scotland and for the UK's territorial constitution, drawing on comparative experience in order to understand how the constitution may evolve, and how the independence debate may play out in future.
In The Constitutional Balance Sir John Laws has left a vivid and timely commentary on one of the most pressing issues in the legal world today. The debate continues whether or not judges venture too far into issues of Government policy, and whether or not there are any limits on the power of the executive and the legislature to propose and enact legislation that unduly restricts fundamental freedoms in a democratic society subject to the rule of law. Sir John Laws examines the relationship between constitutional fundamentals and values. He finds basic ideals of reason, fairness and the presumption of liberty in the common law, and recognises that a democratically accountable executive and legislature must be able to make policy and enact and implement legislation to pursue social goals. The courts then interpret the laws. As Sir John puts it – “The meeting of Parliament and the common law, in the crucible of statutory interpretation, is close to the core of [the constitutional balance]”. These fundamental values can compete with each other, giving rise to tensions within and between key state institutions, in particular the executive and the judiciary. A 'constitutional balance' between them must be found if the constitution is to function properly, each institution is to understand the proper extent and limits of its authority, and the rule of law is to be maintained. Sir John draws on his life-long experience as a barrister, judge and academic, and on case-law and learning, to explain in vibrant and engaging terms how such a 'constitutional balance' might be achieved.
First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.