Relevant bibliographies by topics / Constitutional law – Scotland

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters

Academic literature on the topic 'Constitutional law – Scotland'

Author: Grafiati
Published: 28 July 2024
Last updated: 31 July 2025

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Journal articles on the topic "Constitutional law – Scotland"

1

McHarg, Aileen, and James Mitchell. "Brexit and Scotland." British Journal of Politics and International Relations 19, no. 3 (2017): 512–26. http://dx.doi.org/10.1177/1369148117711674.

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In the 2016 Brexit referendum, Scotland voted decisively to Remain in the EU, while a UK-wide majority voted to Leave. This article discusses responses to the constitutional significance of a territorially divided result, both prior to and following the referendum, including in litigation over the ‘constitutional requirements’ necessary to trigger the United Kingdom’s withdrawal from the EU under Article 50 TEU ( R (Miller) v Secretary of State for Exiting the European Union). It considers what these debates reveal about the uncertain and contested nature of the UK’s territorial constitution,
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Little, Gavin. "Scotland and parliamentary sovereignty." Legal Studies 24, no. 4 (2004): 540–67. http://dx.doi.org/10.1111/j.1748-121x.2004.tb00262.x.

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The authority of the classic Diceyan approach to parliamentary sovereignty has, as is well known, been called into question as a result of the UK's membership of the EU and human rights legislation. However, this paper focuses on the implications of Scottish devolution for the orthodox doctrine of parliamentary sovereignty. The constitution, and the legislative supremacy of Westminster within it, remains a controversial political issue in Scotland. Accordingly, rather than hypothesising inductively from constitutional doctrine, consideration is given to the nature of the interaction between th
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Rahmatian, Andreas. "Brexit and Scotland: Centralism, Federalism or Independence?" European Review 26, no. 4 (2018): 616–47. http://dx.doi.org/10.1017/s1062798718000054.

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The public debate about the consequences of Brexit in Britain follows certain predictable lines of established academic concepts in British constitutional law. This arguably overlooks the important constitutional complications of Brexit, including the position of Scotland in post-Brexit Britain. This article takes the unorthodox approach of focusing on legal and intellectual history rather than British constitutional law, because in this way one obtains a better understanding of the present British constitutional framework in the context of Europe. The discussion is from a continental European
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ROMERO CARO, FRANCISCO JAVIER. "PAGE, ALAN: CONSTITUTIONAL LAW OF SCOTLAND." RVAP 106, no. 106 (December 1, 2016): 358–62. http://dx.doi.org/10.47623/ivap-rvap.106.2016.11.

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Tomkins, Adam. "Alan Page, Constitutional Law of Scotland." Edinburgh Law Review 20, no. 2 (2016): 253–54. http://dx.doi.org/10.3366/elr.2016.0356.

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Elliott, Mark. "Constitutional Adjudication and Constitutional Politics in the United Kingdom: The Miller II Case in Legal and Political Context." European Constitutional Law Review 16, no. 4 (2020): 625–46. http://dx.doi.org/10.1017/s1574019620000401.

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For a number of years there has been nothing at all unusual about the United Kingdom finding itself in a state of constitutional upheaval; indeed, for some time, this has been the UK constitution’s default setting. This has sometimes been as a result of long-anticipated and carefully planned reforms, such as the enactment, in the late 1990s, of legislation to give domestic effect to the European Convention on Human Rights and to introduce devolved systems of government in Scotland, Wales and Northern Ireland. In contrast, more recent upheaval is attributable to often unexpected reactions to of
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Psygkas, Athanasios. "The United Kingdom’s Statutory Constitution." Oxford Journal of Legal Studies 40, no. 3 (2020): 449–81. http://dx.doi.org/10.1093/ojls/gqaa024.

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Abstract The emergence of the UK’s statutory constitution has challenged the old Diceyan adage that ‘neither the Act of Union with Scotland nor the Dentists Act 1878 has more claim than the other to be considered supreme law’. This article reconceptualises constitutional statutes, offering a three-pronged approach to identifying such legislation. This new model examines the content of the statute, the history of enacting the constitutional statute (the ‘life of the Bill’), and the post-enactment history (the ‘life of the statute’). The proposed framework reflects a historical approach to const
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Brazier, Rodney. "The Constitution of the United Kingdom." Cambridge Law Journal 58, no. 1 (1999): 96–128. http://dx.doi.org/10.1017/s0008197399001063.

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BEFORE the dawn of the millennium new legislative and executive authorities will have been established in Edinburgh, Cardiff and (subject to further political and other progress) in Belfast. This article analyses the nature of these constitutional initiatives, and examines their place in the unitary state which is the United Kingdom. It begins by tracing the history of constitutional union between England, Wales, Scotland, and Ireland. The legal effect of the 1998 devolution statutes is examined, in particular on the legal sovereignty of the United Kingdom Parliament. A triple constitutional a
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Young, Alison L. "The Constitutional Implications of Brexit." European Public Law 23, Issue 4 (2017): 757–86. http://dx.doi.org/10.54648/euro2017043.

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This Article investigates the constitutional implications of Brexit, focusing on the extent to which Brexit challenges the classification of the UK constitution as a self-correcting unitary democracy, upholding parliamentary sovereignty. It argues that, Brexit removes some of the European layer from the UK’s emerging multi-layered constitution, but in doing so it threatens to undermine the delicate relationship between England, Scotland, Wales and Northern Ireland on which the Union is based, particularly in the light of recent political events. In addition, it argues that Brexit may not resto
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Wormald, Patrick. "Anglo-Saxon Law and Scots Law." Scottish Historical Review 88, no. 2 (2009): 192–206. http://dx.doi.org/10.3366/e0036924109000857.

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Patrick Wormald used legal material buried deep in volume i of the Acts of the Parliaments of Scotland to argue for a comparatively maximalist view of early Scottish royal government. The paper compares this Scottish legal material to two Old English codes to show that there existed in Scotland structures of social organisation similar to that in Anglo-Saxon England and a comparable level of royal control over crime by the early eleventh century. The model of a strong judicial regime in the Anglo-Saxon kingdom, put forward fully by Wormald in volume i of The Making of English Law, suggests tha
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Dissertations / Theses on the topic "Constitutional law – Scotland"

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Thomson, Stephen. "The constitutional basis of judicial review in Scotland." Thesis, University of Edinburgh, 2014. http://hdl.handle.net/1842/25785.

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The thesis examines the constitutional position of the Court of Session's supervisory jurisdiction. It begins by emphasising the methodological and substantive importance of the historicality and traditionality of law. It then provides a detailed historical account of the emergence of the Court's supervisory jurisdiction, from its inheritance of supervisory functions from emanations of the King's Council to the present-day law of judicial review. Throughout, emphasis is placed on the Court's strong sense of self-orientation in the wider legal and constitutional order, and the extent to which i
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Eiser, David. "Regional economics and constitutional change in the UK." Thesis, University of Stirling, 2016. http://hdl.handle.net/1893/26053.

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The UK, traditionally one of the more fiscally centralised of OECD countries, is currently in the midst of an extensive programme of tax decentralisation. This is most evident in Scotland. Ten years ago the Scottish Government was almost wholly reliant on a block grant from the UK Government to fund its spending, and debate was focussed on how the determination of this grant should be reformed. Today the Scottish Government has far greater fiscal autonomy. Income tax was almost fully devolved to the Scottish Parliament in April 2017, and around half of VAT revenues will be assigned to Scotland
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Lightowler, Claire. "Policy divergence and devolution : the impact of actors and institutions." Thesis, University of Stirling, 2005. http://hdl.handle.net/1893/16785.

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The creation of the National Assembly for Wales and the Scottish Parliament in 1999 was accompanied with an aspiration that these new institutions would allow Scotland and Wales to develop their own policies, better suited to local needs than those designed in Westminster or Whitehall. This thesis explores policy-making in the first terms of the devolved institutions in Scotland and Wales, focusing on where the policies developed by these institutions diverged from those pursued at Westminster. Policy divergence is examined by studying the development of the financing long-term care for the el
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Bulmer, W. Elliot. "A free Scotland? : an analysis of the SNP's 2002 draft Constitution for Scotland." Thesis, University of Glasgow, 2012. http://theses.gla.ac.uk/3791/.

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In 2002, the Scottish National Party (SNP) published a draft Constitution for Scotland. Aside from its potential practical importance in the event of Scotland becoming independent, this draft Constitution is also of academic interest as an example of a written Constitution that is derived from, but which critiques and seeks to reform, the ‘Westminster’ model of democracy. This thesis subjects the SNP’s draft Constitution, for the first time, to a thorough, independent and scholarly review. It addresses the central question of whether the draft Constitution, if adopted, would be a viable and ac
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Ringeisen-Biardeaud, Juliette. "D'une union à l'autre - intégration européenne et désintégration des États? Le cas de l'Écosse (1973-2017)." Thesis, Sorbonne Paris Cité, 2017. http://www.theses.fr/2017USPCA070.

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L’Écosse est une vieille nation européenne. Autrefois indépendante, elle s’est unie à l’Angleterre et au Pays de Galles en 1707 au moyen d’un traité d’Union. Aux termes de ce traité, elle a conservé une Église propre (l’Église d’Écosse), ainsi que des systèmes éducatif et juridique distincts de ceux de l’Angleterre. En 1998, de larges transferts de pouvoirs lui ont permis de ré-ouvrir son Parlement, dissous au moment de l’Union, et de voter ses propres lois dans les domaines qui lui sont dévolus, comme la santé, l’éducation, l’environnement, les questions rurales. Cette dévolution de pouvoirs
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Hood, Kirsty Jane. "The effect of the constitutional relations between Scotland and England on their conflict of laws relations : a Scottish perspective." Thesis, University of Glasgow, 2004. http://theses.gla.ac.uk/1024/.

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The purpose of this thesis is to explore the effect of the changing constitutional relationship between Scotland and England on the Scottish approach to conflicts of law with an English element (i.e., competitions of jurisdiction between Scots and English courts; cases in which both Scots and English law have a claim to application; and recognition and enforcement of English court orders in Scotland). A historical perspective is obtained by brief study of the period prior to parliamentary union. Once united in one political state, the constitutionalising of conflicts, the internalising of conf
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Patrick, Timothy Ian Waterer. "James VI, parliament, and the Scottish ancient constitution, origins of law and power in Scotland in the sixteenth century." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq22376.pdf.

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Books on the topic "Constitutional law – Scotland"

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University College, London. Constitution Unit. Scotland's parliament: Fundamentals for a new Scotland Act. Constitution Unit, 1996.

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Parliament, Scotland. Constitutional Law: Devolution, Scotland : the Scotland Act 1998 (modification of functions) order 2000. The Stationery Office, 2000.

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W, Finnie, Himsworth Chris, and Walker Neil 1960-, eds. Edinburgh essays in public law. Edinburgh University Press, 1991.

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Deans, Mungo. Scots public law. T & T Clark, 1995.

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Mark, Lazarowicz, ed. The Scottish Parliament: An introduction. 4th ed. Bloomsbury Professional, 2010.

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Mark, Lazarowicz, ed. The Scottish Parliament: An introduction. 2nd ed. T & T Clark, 2000.

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Mark, Lazarowicz, ed. The Scottish Parliament: An introduction. T & T Clark, 1999.

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8

Crick, Bernard R. To make the Parliament of Scotland, a model for democracy. John Wheatley Centre, 1995.

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Crick, Bernard R. To make the parliament of Scotland a model for democracy. John Wheatley Centre, 1995.

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Himsworth, Chris. Devolution and the Scotland Bill. W. Green, 1998.

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Book chapters on the topic "Constitutional law – Scotland"

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"SCOTLAND." In Constitutional & Administrative Law. Routledge-Cavendish, 2002. http://dx.doi.org/10.4324/9781843144755-72.

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Loveland, Ian. "12. The Governance of Scotland and Wales." In Constitutional Law, Administrative Law, and Human Rights. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198804680.003.0012.

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This chapter examines how the constitution has addressed the question of the geographical separation of government power in the United Kingdom of England, Scotland, and Wales, and discusses the Scotland Act 1998 and the Government of Wales Acts of 1998 and 2006. It argues that although the Scotland Act 1998 and Government of Wales Act 2006 fall short of creating a ‘federal’ UK constitution similar to how the notion is understood in the United States, the constitutional significance of the devolution legislation should not be underestimated. The chapter also discusses the conduct and outcome of
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Loveland, Ian. "12. The Governance of Scotland and Wales." In Constitutional Law, Administrative Law, and Human Rights. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198860129.003.0012.

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This chapter examines how the constitution has addressed the question of the geographical separation of government power in the United Kingdom of England, Scotland, and Wales, and discusses the Scotland Act 1998 and the Government of Wales Acts of 1998 and 2006. It argues that although the Scotland Act 1998 and Government of Wales Act 2006 fall short of creating a ‘federal’ UK constitution similar to how the notion is understood in the United States, the constitutional significance of the devolution legislation should not be underestimated. The chapter also discusses the conduct and outcome of
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Parpworth, Neil. "7. The structure of the United Kingdom and devolution." In Constitutional and Administrative Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198847120.003.0007.

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This chapter discusses the structure and devolution of the UK. It first sketches the constitutional history of the UK, presenting a brief outline of events that led to the creation of the UK, ie the union of England, Wales, Scotland, and Northern Ireland. The chapter then examines the issue of devolution, which has been particularly important to the people of Scotland and Wales. The key provisions of the devolution legislation enacted in 1998 and more recent legislative developments are reviewed. The chapter concludes by considering the ‘English Question’, and the agreements between the UK Gov
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Parpworth, Neil. "7. The structure of the United Kingdom and devolution." In Constitutional and Administrative Law. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192856579.003.0007.

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This chapter discusses the structure of the UK and devolution. It first sketches the constitutional history of the UK, presenting a brief outline of events that led to its creation, that is, the union of England, Wales, Scotland, and Northern Ireland. The chapter then examines the issue of devolution, which has been particularly important to the people of Scotland and Wales. The key provisions of the devolution legislation enacted in 1998 and more recent legislative developments are reviewed. The chapter concludes by considering the agreements between the UK Government and the devolved adminis
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Stanton, John, and Craig Prescott. "9. Devolution and local government." In Public Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198722939.003.0009.

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Devolution is a recent addition to the UK constitutional law vocabulary. The concept refers to the decentralisation of power from central institutions in London to regional institutions exercising executive and legislative authority in Scotland, Wales, and Northern Ireland. This chapter explores the principle of devolution, both in terms of its historical development and its constitutional importance. It discusses recent issues and debates relevant to the role that it continues to play in the UK Constitution through the established institutions in Scotland, Wales, and Northern Ireland. All thi
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"COMMISSIONERS FOR NORTHERN IRELAND, SCOTLAND AND WALES." In Constitutional & Administrative Law. Routledge-Cavendish, 2004. http://dx.doi.org/10.4324/9781843146575-166.

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Loveland, Ian. "The Governance of Scotland and Wales." In Constitutional Law, Administrative Law, and Human Rights. Oxford University Press, 2012. http://dx.doi.org/10.1093/he/9780199606405.003.0013.

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Faragher, Colin. "1. Introduction to constitutional law." In Public Law Concentrate. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198840527.003.0001.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the definition of constitutional law and the characteristics of the British Constitution. Constitutional law looks at a body of legal rules and political arrangements concerning the government of a country. A constitution may take the form of a document or set of documents which declare that a country and its chosen form of government leg
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Faragher, Colin. "1. Introduction to constitutional law." In Public Law Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198803898.003.0001.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the definition of constitutional law and the characteristics of the British Constitution. Constitutional law looks at a body of legal rules and political arrangements concerning the government of a country. A constitution may take the form of a document or set of documents which declare that a country and its chosen form of government leg
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