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Providing a comprehensive introduction to local government in Scotland, this text includes coverage of the structure and functions of local government as well as the legal relationship between local government and the Scottish Parliament. The book should be of value to students, local government departments and legal practitioners alike.
Local government affects us all. Wherever we live, in towns, cities, villages, or the smallest of communities, there are locally elected councils tasked with representing people’s interests in the running of the local area. This involves, inter alia, providing public services, maintaining local spaces, and acting as a level of democratic governance within the broader constitutional and executive structure of the state. To fulfil these responsibilities, though, local government must be democratically legitimate; it must have at its disposal reasonable means and resources to function; and it must enjoy a healthy and balanced relationship with centralised government. This book explores and analyses the extent to which local government in the different parts of the United Kingdom is able to function effectively and democratically. It draws from local councillors’ views in analysing the state of local government under the current constitutional and governmental arrangements, discussing issues such as councils’ relationships with central government; citizen engagement; finance and public services; and the impact of recent reforms. It contrasts and compares the different approaches adopted in England, Scotland, Wales, and Northern Ireland, also setting out and discussing possible reforms of local government across the United Kingdom. While the focus is on the United Kingdom, the work includes a comparison with other relevant jurisdictions.
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.
A study of legislative developments in areas of law and policy devolved to the Scottish Parliament.
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.
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.
This work considers the role of local government in 13 EU Member States (Austria, Belgium, Czech Republic, France, Germany, Greece, Hungary, Italy, Netherlands, Poland, Spain, Sweden and the United Kingdom. The book aims to provide an account of the system of local government in each of the countries studied along with a critical and contextual approach to the level of autonomy that local government enjoys. The approach is comparative, based on a questionnaire which all of the authors considered. There is then a detailed conclusion to the book which offers a detailed summary and comparative analysis of the responses in order to better consider the role of local authorities as the ‘fourth level’ of governance in the EU. The book aims to offer a detailed introduction to and account of each system of local government which may appeal to those seeking an overview of the area, but also a critical and contextual approach that will be of interest to those actively researching in the areas of local and regional government or EU-central-local government relations. The book contains details of reform in local government up to November 2012, including an analysis of the impact of austerity measures on local autonomy where these have become significant.
The fourth edition of this popular text has been expanded to accommodate social workers’ continuing need for a thorough grounding in the statutory framework of local authority practice and the wider legal context of social work in the statutory and voluntary sectors. The separate chapter on social work law in Scotland addresses continuing developments in relation to devolved government and new legislation. Since 1996, the pace of change has been remorseless. Part IV of the Family Law Act has been implemented; youth justice in England and Wales has been substantially reformed; the Human Rights Act 1998 impacts on areas of social work practice; and social security law has been significantly amended. The Adoption and Children Act 2002 will both radically reform the law relating to the adoption of children and significantly amend the Children Act 1989. All these important changes, central to social work practice, are addressed in detail.