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A clear, comprehensive account of Scottish 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 fourth edition has been fully updated throughout and includes: · An update on the Scottish devolution settlement, including the changes made by the Scotland Act 2016 in the field of social security. · A new chapter covering the Brexit referendum, the withdrawal negotiations between the UK and the EU and Brexit litigation - with a particular focus on Brexit's impact on Scottish constitutional arrangements. · Coverage of new case law since the last edition in the area of judicial review and specifically on devolution.
"Significant areas of constitutional law are of general application throughout the UK. Nevertheless, factors such as the existence of a distinct Scottish legal system, some measure of separate recognition within law-making and parliamentary procedure and, particularly, the establishment of a devolved Parliament for Scotland means that there are materials, questions and concerns which are exclusively Scottish in nature. This new text concentrates on the Scottish dimension of constitutional law while setting the subject in its UK and European context"
A Model Constitution for Scotland sets out a workable model for Scotland's future and includes detailed constitutional proposals and informed discussion on the topic. The independence debate has to break out of political elites and address the 'after independence' question. Elliot Bulmer's book is an important contribution to this exploring how we make Scotland constitutionally literate, and how we shape our politics in a way which reflects who we are and what we aspire to be. Bulmer rightly argues that independence has to aspire to more than abolishing reserved powers, Holyrood becoming a mini-Westminster, and nothing else changing. A must read for independentistas, thoughtful unionists and democrats. Gerry Hassan, author and broadcaster. BACK COVER: Scotland is a free, sovereign and independent commonwealth. Its form of government is a parliamentary democracy based upon the sovereignty of the people, social justice, solidarity, and respect for human rights...The constitutional debate in Scotland has, until now, focused primarily on the relationship between Scotland and the rest of the United Kingdom. This treatise goes beyond the sterile arguments of nationalists and unionists to envision a new and more democratic political system constructed in an independent state. W. Elliot Bulmer A Model Constitution for Scotland sets out a workable model for Scotland's future and includes detailed constitutional proposals and informed discussion on the topic.
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.
Every debate about the Scottish constitution should include the topic of Scottish Home Rule, and if there is to be another referendum in Scotland then Home Rule should definitely be one of the options on the ballot paper. Home Rule is not widely understood being seen by many Unionists as the slippery slope to Independence and by Independence supporters as a Unionist proposal to retain sovereignty over Scotland. It is however a strong proposal in its own right with a separate history from Independence and a more likely stepping-stone to Federalism. This book is a much-needed statement for the merits of Scottish Home as the best solution for Scotland. It covers the history and support for the Home Rule option from 1860s, a clear structure for what Home Rule is and how Home Rule could improve both Scotland as well be a framework for constitutional reform across the UK.
Before the independence referendum in 2014, the First Minister of Scotland Alex Salmond promised a written constitution for Scotland in the event of a 'Yes' vote. The UK is almost unique in having never adopted a written constitution or other fundamental law. Why did this commitment arise in Scotland?
This consultation document discusses how to deliver a referendum that is legal, fair and decisive. The Scottish Government is aware of the limits of its powers. It acknowledged those limits in 2007. Since the Scottish National Party's success in May 2011, the Scottish Government has provided no new explanation of how it would deliver its manifesto commitment to hold a referendum, despite the limits to its power. The UK Government has therefore considered the proposals put forward by the Scottish Government in February 2010 but those cannot be legally delivered by the Scottish Parliament. The UK Government does not believe that Scotland's constitutional future should be decided in court. The referendum must be legally watertight and that can only be provided by legislation involving the UK Parliament although this can be done in different ways. For the referendum to be fair as well as legal it should be overseen by those who have both the demonstrable neutrality and proven expertise. Finally, for the referendum to be also decisive, it is the UK Government's view that there must be a single, straightforward question; and that question must be asked as soon as possible