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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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2

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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3

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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4

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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5

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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6

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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7

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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8

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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9

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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10

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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11

MLEȘNIȚĂ, Vasilica. "THE BRITISH UNCODIFIED CONSTITUTION. KEY FEATURES AND INCREMENTAL DEVELOPMENT." Curentul Juridic/Juridical Current 99, no. 4 (2025): 39–44. https://doi.org/10.62838/cjjc-2024-0026.

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This paper aims to analyze the key features of the British constitution in terms of form, sources (both legal and non-legal), legislative supremacy, and the separation of powers. The United Kingdom of Great Britain and Northern Ireland can be considered a peculiar state in the context of international law due to its three distinct legal jurisdictions and systems of law, England and Wales, Northern Ireland* and Scotland. In essence, there is an overlap between these three systems and the constitution is in written form, but comprised in various sources that cannot be found in a single written d
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12

Mullen, Tom. "The Referendum and After: Scotland’s Constitutional Future." European Public Law 22, Issue 2 (2016): 187–202. http://dx.doi.org/10.54648/euro2016013.

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13

Williams, John. "Law Making in a Devolved Wales: Work in Progress." Legal Information Management 14, no. 4 (2014): 266–76. http://dx.doi.org/10.1017/s1472669614000577.

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AbstractDevolution for Northern Ireland, Scotland, and Wales resulted in an asymmetrical constitutional framework. The Welsh settlement was more limited than that for Northern Ireland and Scotland. However, since the Government of Wales Acts of 1998 and 2006, Wales has eventually achieved primary law-making powers. Regrettably, the stages leading to the present position resulted in an often confused and confusing body of law. Practitioners wishing to know the content of Welsh law on a subject may encounter a complex tapestry of different types of enactments. The next step for Wales must be imp
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Sandford, Mark, and Cathy Gormley-Heenan. "‘Taking Back Control’, the UK’s Constitutional Narrative and Schrodinger’s Devolution." Parliamentary Affairs 73, no. 1 (2018): 108–26. http://dx.doi.org/10.1093/pa/gsy039.

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Abstract The UK’s decision to leave the European Union in 2016 threatens to open up a range of territorial management issues that have long remained unexplored. Since 1999, the UK’s devolution settlements have allowed divergent constitutional narratives to develop and to co-exist. This ‘constructive ambiguity’ has led UK territorial governance to take the form of ‘Schrodinger’s devolution’, where Scotland, Wales and Northern Ireland have and have not experienced fundamental constitutional change. However, the technical requirements of Brexit will mandate the need for exact decisions where ‘con
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SKOUTARIS, Nikos. "Territorial Differentiation in EU Law: Can Scotland and Northern Ireland Remain in the EU and/or the Single Market?" Cambridge Yearbook of European Legal Studies 19 (November 8, 2017): 287–310. http://dx.doi.org/10.1017/cel.2017.11.

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AbstractIn the Brexit referendum of 23 June 2016, voters in England and Wales voted to leave the EU, while in Scotland and Northern Ireland they voted to remain. Following that, there has been a debate about how it would be possible to achieve the continuing presence in the single market of the UK constituent nations that do not want to be taken out against their will. This paper explores two pathways for Scotland and Northern Ireland to remain in the EU and/or the single market. The first entails the achievement of Scottish independence and the reunification of Ireland through democratic refe
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Stevens, Robert. "Reform in haste and repent at leisure: lolanthe, the Lord High Executioner and Brave New World." Legal Studies 24, no. 1-2 (2004): 1–35. http://dx.doi.org/10.1111/j.1748-121x.2004.tb00237.x.

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‘Turning and turning in the widening gyreThe falcon cannot hear the falconer;Things fall apart; the centre cannot hold;More anarchy is loosed upon the world.’Labour came to power in 1997 with a commitment to constitutional reform and joined-up government. New Labour has indeed produced significant constitutional change: devolution to Scotland and Wales, the Human Rights Act 1998, partial reform of the House of Lords, elected Mayors, a Freedom of Information Act, an Electoral Commission and more. Joined up it was not. Nothing better illustrated this than the (arguably) botched Cabinet reshuffle
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17

Palmer, Stephanie. "7 The Human Rights Act 1998: Bringing Rights Home." Cambridge Yearbook of European Legal Studies 1 (1998): 125–46. http://dx.doi.org/10.5235/152888712802821052.

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The Labour government has quickly acted on its election promise to introduce a bill of rights into domestic law. The Human Rights Act 1998 partially incorporates the European Convention on Human Rights (ECHR) into United Kingdom law. This legislation is part of a wider constitutional package including devolved government for Scotland and Wales and reform of the House of Lords. The government’s programme is intended to modernise and indeed transform the British constitutional structure. According to the government, the Human Rights Act will bring rights home. Individuals will be able to argue f
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18

Buchan, Jamie, and Katrina Morrison. "Compromise, partnership, control: Community Justice Authorities in Scotland." Criminology & Criminal Justice 20, no. 2 (2018): 226–43. http://dx.doi.org/10.1177/1748895818814903.

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Community Justice Authorities (CJAs) were heralded on their inception as modernizing Scotland’s community justice system and resolving longstanding tensions between central and local government over community justice control, by encouraging partnership working and providing oversight at a regional level. However, they were largely unsuccessful and were quietly abolished barely a decade later. Using data from two projects, we analyse the policy ‘narrative’ of CJAs in relation to features of a changing political context – particularly the (re-)establishment of Scotland’s national government, its
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Palmer, Stephanie. "The Human Rights Act 1998: Bringing Rights Home." Cambridge Yearbook of European Legal Studies 1 (1998): 125–46. http://dx.doi.org/10.1017/s1528887000001117.

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The Labour government has quickly acted on its election promise to introduce a bill of rights into domestic law. The Human Rights Act 1998 partially incorporates the European Convention on Human Rights (ECHR) into United Kingdom law. This legislation is part of a wider constitutional package including devolved government for Scotland and Wales and reform of the House of Lords. The government’s programme is intended to modernise and indeed transform the British constitutional structure. According to the government, the Human Rights Act will bring rights home. Individuals will be able to argue f
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20

Reid, Colin T., and Gerardo Ruiz-Rico Ruiz. "Scotland and Spain: The Division of Environmental Competences." International and Comparative Law Quarterly 52, no. 1 (2003): 209–25. http://dx.doi.org/10.1093/iclq/52.1.209.

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Two conflicting forces beset any attempts to fit responsibility for environmental matters into modern constitutional structures. On the one hand the political desire for less centralised government calls for devolution of power to regional or local authorities, so that responsibilities are divided and distributed between different levels of government. On the other, the fact that no aspect of the environment can be treated as if it were a separate compartment suggests that responsibilities should be integrated in one place, an approach supported by the increasing awareness that there is a need
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21

Cranmer, Frank. "Church-State Relations in the United Kingdom: A Westminster View." Ecclesiastical Law Journal 6, no. 29 (2001): 111–21. http://dx.doi.org/10.1017/s0956618x00000570.

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In any discussion of church-state relations in the United Kingdom, it should be remembered that there are four national Churches: the Church of England, the (Reformed) Church of Scotland, the Church in Wales (disestablished in 1920 as a result of the Welsh Church Act 1914) and the Church of Ireland (disestablished by the Irish Church Act 1869). The result is that two Churches are established by law (the Church of England and the Church of Scotland) and enjoy a particular constitutional relationship with the state, while the other Churches and faith-communities (the Roman Catholics, the Free Ch
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22

Edwards, Denis J. "The Treaty of Union: more hints of constitutionalism." Legal Studies 12, no. 1 (1992): 34–41. http://dx.doi.org/10.1111/j.1748-121x.1992.tb00455.x.

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The Court of Session decision in Pringle, Petitioner again raises the issue of what constitutional effect, if any, is to be attributed to the Treaty of Union between Scotland and England. Specifically, is it competent for the Court of Session to find that an Act or a provision in an Act of the United Kingdom Parliament is invalid because of an inconsistency with an Article of the Treaty of Union as enacted in Scots law by the former Scottish Parliament in the Union With England Act 1707 (c 7)? This is the first case since MacCormick v Lord Advocate in which the Inner House of the Court of Sess
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23

Himsworth, Chris. "Niall Whitty (ed.), The Laws of Scotland: Stair Memorial Encyclopaedia Reissue Service “Constitutional Law”." Edinburgh Law Review 8, no. 2 (2004): 279–81. http://dx.doi.org/10.3366/elr.2004.8.2.279.

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24

Torrance, David, and Adam Evans. "The Territorial Select Committees, 40 Years On." Parliamentary Affairs 72, no. 4 (2019): 860–78. http://dx.doi.org/10.1093/pa/gsz032.

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Abstract The territorial departmental select committees have largely escaped academic scrutiny since their establishment in 1979 (for Scotland and Wales) and 1994 (Northern Ireland). This article charts the history of territorial representation in Westminster, including the creation of grand committees for Scotland and Wales and a Northern Ireland Standing Committee, before explaining the forces that led to the creation of territorial departmental select committees. The article then explores the work of these committees after their formation, and explores how they have responded to the devolut
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Harris, Tim. "The People, the Law, and the Constitution in Scotland and England: A Comparative Approach to the Glorious Revolution." Journal of British Studies 38, no. 1 (1999): 28–58. http://dx.doi.org/10.1086/386180.

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Despite the growing interest in recent years in taking a British approach to the problems of the first half of the seventeenth century, Restoration historians have been slow to follow the trend. Instead, the historiographical traditions for Charles II's and James II's three kingdoms of England, Scotland, and Ireland have remained largely independent; rather than coming closer together, if anything they seem to be growing further apart. We see this in particular with the historiographies of the Glorious Revolution in Scotland and England, which have become curiously “out of sync.” It used to be
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Cole, Michael. "Committee scrutiny in Scotland: a comparative and bi-constitutional perspective." Policy & Politics 44, no. 3 (2016): 465–83. http://dx.doi.org/10.1332/030557314x13948073245907.

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Armstrong, Kenneth A. "Contesting government, producing devolution: the repeal of ‘section 28’ in Scotland." Legal Studies 23, no. 2 (2003): 205–28. http://dx.doi.org/10.1111/j.1748-121x.2003.tb00212.x.

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Devolution is usually described in terms of the transfer of powers from central to regional and subordinate authorities. Attention then tends to focus on one dimension of relational power, namely that between the sovereign ‘principal’ and its ‘devolved’ agent. In this paper, and without seeking to assert that devolved institutions are sovereign, it is suggested that we need to develop an additional dimension to our studies of devolution, namely the relational power between government and governed in devolved contexts. Taking the example of devolution to Scotland and the exercise of devolved la
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Campbell, Kathryn M. "The Right to Silence and the Pendulum Swing: Variations in Canadian and Scottish Criminal Law." Wrongful Conviction Law Review 1, no. 3 (2020): 291–313. http://dx.doi.org/10.29173/wclawr37.

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The right to silence is afforded to suspects in criminal cases as part of a number constitutional protections contained within Canadian law through the Charter of Rights and Freedoms. It is closely linked to other such rights, including the right to counsel, the right against self-incrimination and the presumption of innocence. Moreover, in some cases, the denial of this right has resulted in convictions in error through false confessions and wrongful convictions. Decisions by the Supreme Court in Canada in recent times can be viewed as a slow encroachment onto individual Charter rights in fav
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Knox, R. Buick. "A Scottish Chapter in the History of Toleration." Scottish Journal of Theology 41, no. 1 (1988): 49–74. http://dx.doi.org/10.1017/s0036930600031276.

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The year 1988 is the tercentenary of the accession of William and Mary to the throne of England at the invitation of the English Parliament. In 1689 the Estates of Scotland invited them to the Scottish throne. Their accession has been called a Revolution and it made a decisive change in the constitutional and ecclesiastical situation in both countries. Henceforth, the monarchy could not claim to rule solely by divine right. The hereditary principle still operated and the panoply of coronations retained many echoes of a divine commission, but monarchs now ruled within the law and were accountab
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Tierney, Stephen. "Reframing Sovereignty? Sub-State National Societies and Contemporary Challenges to the Nation-State." International and Comparative Law Quarterly 54, no. 1 (2005): 161–83. http://dx.doi.org/10.1093/iclq/54.1.161.

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Over the past 30 years, sub-state national societies in a number of developed liberal democracies—particularly Quebec, Catalonia, and Scotland within Canada, Spain, and the United Kingdom respectively—have both reasserted their national distinctiveness and demanded recognition of it in constitutional terms.1 This re-emergence of sub-state national sentiment within industrially advanced States, and the struggle for constitutional change which has accompanied it, are considered by many observers to be strangely incongruous at a time of economic and cultural ‘globalization’ where the power of the
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31

Lee, Simon. "LORD DENNING, MAGNA CARTA AND MAGNANIMITY." Denning Law Journal 27 (November 16, 2015): 106–29. http://dx.doi.org/10.5750/dlj.v27i0.1127.

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Lord Denning’s assessment of Magna Carta at its 750th anniversary has stood the test of half a century: “the greatest constitutional document of all times—the foundation of the freedom of the individual against the arbitrary authority of the despot”. His longer, but still succinct, article for The Times for the same anniversary has not been bettered. Yet at the time of Magna Carta’s 800th anniversary we have lost sight of two other works of Lord Denning which could make a distinctive contribution to our current constitutional debates. Whereas Lord Neuberger has linked the real Magna Carta to t
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Key, Newton. "The “Boast of Antiquity”: Pulpit Politics Across the Atlantic Archipelago during the Revolution of 1688." Church History 83, no. 3 (2014): 618–49. http://dx.doi.org/10.1017/s0009640714000584.

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John Locke and many others noted the vibrant political commentary emanating from the pulpit during the Glorious Revolution. Preachers from the full confessional spectrum in England, and especially in Scotland, Ireland, and the colonies, used occasional or state sermons to explain contemporary upheavals from the perspective of God's law, Natural law, and Civil law. Most surprising is the latter, clerical reference to civil history and ancient origins, which preachers used to answer contemporary questions of conquest and allegiance. Clergy revisited the origins and constitutional roots of the Br
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Behrens, Paul. "‘The Saltire in the Sporran’: Scotland Between Devolution and Independence." German Yearbook of International Law 63, no. 1 (2022): 305–38. http://dx.doi.org/10.3790/gyil.63.1.305.

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The ongoing struggle for Scottish independence touches on a range of interests which find strong bases in international law, resulting in a meeting of norms which requires an assessment that allows the core character of each of the relevant rights to survive. This article traces the uneasy history of the Union between the Kingdoms of England and Scotland, the changing Scottish attitudes towards Union, and the rise of the independence movement in the 20th century. It examines the development of devolution and outlines the constitutional settlement reached through the Scotland Act 1998, which le
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Mackay, Fiona. "Gendering constitutional change and policy outcomes: substantive representation and domestic violence policy in Scotland." Policy & Politics 38, no. 3 (2010): 369–88. http://dx.doi.org/10.1332/030557310x521062.

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35

Anderson, Robert. "University History Teaching, National Identity and Unionism in Scotland, 1862–1914." Scottish Historical Review 91, no. 1 (2012): 1–41. http://dx.doi.org/10.3366/shr.2012.0070.

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In the nineteenth century nationalism and historiography were closely linked, and the absence of separatist nationalism in Scotland had consequences for academic history. This article looks at the content of university history teaching, using sources such as lecture notes, textbooks, and inaugural lectures. The nature of the Scottish curriculum made the Ordinary survey courses more significant than specialised Honours teaching. While chairs of general history were founded only in the 1890s, the teaching of constitutional history in law faculties from the 1860s transmitted an older tradition of
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Rubin, G. R. "Calling in the Met: serious crime investigation involving Scotland Yard and provincial police forces in England and Wales, 1906–1939." Legal Studies 31, no. 3 (2011): 411–41. http://dx.doi.org/10.1111/j.1748-121x.2011.00196.x.

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The paper analyses the scheme whereby provincial chief constables, encouraged by the Home Office, could call in the help of Scotland Yard's experienced detectives to investigate serious cases, especially murder, that were considered to be beyond the capacity of the local force to solve on its own. While the scheme was on balance successful in that more than 50% of such call-outs between 1919 and 1928 resulted in convictions, it is suggested that its significance extended beyond the mere profit and loss accounting approach. For the arrangements cast a mirror on many of the conflicts and some of
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Vértesy, László, and Dóra Gyakovácz. "The Law and Concept of Fiscal Devolution in the United Kingdom." Jogelméleti Szemle, no. 4 (January 30, 2024): 104–29. http://dx.doi.org/10.59558/jesz.2023.4.104.

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Fiscal devolution is a multifaceted and evolving concept that plays a pivotal role in the governance of the United Kingdom, which is still under an ongoing development process. At the end of the 1990s the subnational governments achieved various stages of autonomy since the 1998 devolution acts, which ratified the administrative and fiscal devolution, provide the formal structure for revenue-raising and expenditure powers. The devolutionary process was facilitated after the Great Recession, assigning different income raising and welfare authorities to Scotland and Wales, while the same progres
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Vértesy, László, and Dóra Gyakovácz. "The Law and Concept of Fiscal Devolution in the United Kingdom." Jogelméleti Szemle, no. 4 (June 5, 2023): 104–29. https://doi.org/10.59558/jesz.2023.4.104.

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Fiscal devolution is a multifaceted and evolving concept that plays a pivotal role in the governance of the United Kingdom, which is still under an ongoing development process. At the end of the 1990s the subnational governments achieved various stages of autonomy since the 1998 devolution acts, which ratified the administrative and fiscal devolution, provide the formal structure for revenue-raising and expenditure powers. The devolutionary process was facilitated after the Great Recession, assigning different income raising and welfare authorities to Scotland and Wales, while the same progres
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Aust, Anthony. "Lockerbie: The Other Case." International and Comparative Law Quarterly 49, no. 2 (2000): 278–96. http://dx.doi.org/10.1017/s0020589300064162.

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To public international lawyers “Lockerbie” is more than likely to evoke the cases which Libya brought in the International Court of Justice in 1992 against the United Kingdom1 and the United States under the Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 1971.2 The issues raised by the cases have spawned a huge literature. But, in truth, the ICJ proceedings have never been at the centre of, what might be called, the Lockerbie affair. Although they raise important constitutional issues for the United Nations, in terms of the crime committed—the
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Thompson, Brian. "Christina Ashton and Valerie Finch, CONSTITUTIONAL LAW IN SCOTLAND Edinburgh: W Green/Sweet & Maxwell, 2000. Greens Concise Scots Law. xliii and 515 pp (incl index). ISBN 0 414 012887 (pb). £32." Edinburgh Law Review 5, no. 2 (2001): 260–61. http://dx.doi.org/10.3366/elr.2001.5.2.260.

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41

Irkhin, I. V. "The Main Scenarios for the Formation of Territorial Autonomies in the Modern World (Constitutional and Legal Aspect)." Lex Russica, no. 2 (February 1, 2019): 132–50. http://dx.doi.org/10.17803/1729-5920.2019.147.2.132-150.

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As part of the analysis of the practices of institutionalization of constitutional and legal status of territorial autonomies of Bolivia, Great Britain, Denmark, India, Indonesia, Canada, China, Moldova, Uzbekistan, Finland on the basis of the criteria and methods of their formation, it is indicated that there are two main scenarios. According to the first one, territorial autonomies are formed on the basis of international and national legal acts. The second scenario assumes the formation of autonomies based on national legal acts only.In the structure of the first scenario, territorial auton
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Serzhanova, Viktoria, and Adrianna Kimla. "Potencjalny wpływ brexitu na ustrój terytorialny i integralność Zjednoczonego Królestwa Wielkiej Brytanii i Irlandii Północnej." Przegląd Sejmowy 6(161) (2020): 117–43. http://dx.doi.org/10.31268/ps.2020.83.

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Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union is undoubtedly an unprecedented event in the history of the EU. This process encounters many difficulties and reveals an increasing number of problems that contemporary Europe is facing and affects European integration. Even more complications in this area arise as a result of the deadlock in the internal dimension, and in the UK’s relations with the EU. It goes without saying, that this process will result in the need to create a completely new order in the UK’s relations with the EU and will have a
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Andrieieva, Olha, Nataliia Larina, and Yurii Ruban. "FEATURES OF DECENTRALIZATION IN THE UK: EXPERIENCE OF INTERACTION BETWEEN THE GOVERNMENT AND CIVIL SOCIETY FOR UKRAINE." Public Administration and Regional Development, no. 26 (December 30, 2024): 1215–32. https://doi.org/10.34132/pard2024.26.06.

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The article establishes that Brexit has put decentralization in the UK under serious threat. It is stated that there is a sharp gap between the way decentralization agreements are interpreted in Westminster and the way they are interpreted in Wales, Scotland and Northern Ireland. Brexit has caused serious divisions between the main ruling parties in Northern Ireland - Sinn Féin, which heads the regional government and advocates a reunited Ireland, and the Democratic Unionist Party (DUP), which advocates the region remaining within the UK. The article explores how the UK governments could concl
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Bekova, R. M. "The Policy of Preserving National Linguistic Identity on the Example of the Welsh." Journal of Law and Administration 19, no. 4 (2024): 108–15. http://dx.doi.org/10.24833/2073-8420-2023-4-69-108-115.

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Introduction. The article examines the British policy pursued in the 16th – first half of the 20th centuries in relation to the autochthonous languages of Wales, Scotland and Northern Ireland. The author characterizes the language policy of Great Britain in this period as a policy of linguistic nationalism of the English language and discrimination against the national languages of other peoples. The article also discusses the main legal acts aimed at expanding the use of the Welsh language and consolidating the status of the Welsh language as the national language of Wales.Materials and metho
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López Basaguren, Alberto. "Brexit: la secesión de la Unión Europea entre teoría y realidad." Teoría y Realidad Constitucional, no. 40 (January 17, 2018): 111. http://dx.doi.org/10.5944/trc.40.2017.20903.

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El proceso de retirada de la UE (Brexit) plantea cuestiones de gran trascendencia en el Derecho Constitucional británico y en el de la UE, a la luz del artículo 50 TUE. Algunos de los problemas planteados en el Derecho británico se han resuelto por la Supreme Court en el asunto Miller; pero otros siguen abiertos: el papel del Parlamento en la adaptación del derecho de la UE, que el Gobierno pretende desplazar a través de la asunción de una ilimitada delegación de poderes (la cláusula Enrique VIII); o el de los territorios autónomos, que pretenden ser marginados de la recuperación de competenci
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Mullen, Tom. "Scotland’s Constitutional Future." European Public Law 15, Issue 1 (2009): 33–46. http://dx.doi.org/10.54648/euro2009003.

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Trench, Alan. "Scotland's Constitution: Law and Practice." Modern Law Review 68, no. 6 (2005): 1034–35. http://dx.doi.org/10.1111/j.1468-2230.2005.00572_1.x.

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CAMPBELL, IAN W. S. "ARISTOTELIAN ANCIENT CONSTITUTION AND ANTI-ARISTOTELIAN SOVEREIGNTY IN STUART IRELAND." Historical Journal 53, no. 3 (2010): 573–91. http://dx.doi.org/10.1017/s0018246x10000208.

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ABSTRACTAristotelianism and anti-Aristotelianism are essential categories for the interpretation of political discourse in Stuart Ireland, Scotland, and England. In the 1650s, the Capuchin Richard O'Ferrall defined the future of the Irish kingdom by means of its past. This Irish ancient constitution was not anchored in J. G. A. Pocock's common law mind, but rather in Aristotelianism. Ancient constitution discourse in England and Scotland shared this Aristotelian basis. Responding to O'Ferrall, John Lynch, Catholic archdeacon of Tuam, employed openly anti-Aristotelian arguments which had been p
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Hardman, Jonathan. "Articles of Association in UK Private Companies: An Empirical Leximetric Study." European Business Organization Law Review 22, no. 3 (2021): 517–57. http://dx.doi.org/10.1007/s40804-021-00213-3.

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AbstractThe final provisions of the UK’s Companies Act 2006 have now been in force for 10 years. Part of this regime included a new form of model constitution, known as the Model Articles. This article uses empirical data to establish whether the Model Articles have been used in practice or not. To do so, it tracks the constitutions of a sample of companies (those incorporated in Scotland in October 2009) from their incorporation until December 2017. It undertakes a leximetric methodology to code 12 variables across the constitutions, with a 0 being coded for convergence to the default regime
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Konig, David Thomas. "The Second Amendment: A Missing Transatlantic Context for the Historical Meaning of “the Right of the People to Keep and Bear Arms”." Law and History Review 22, no. 1 (2004): 119–59. http://dx.doi.org/10.2307/4141667.

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The present essay seeks to work at the intersection of law and history, a meeting point where interpretation of the Second Amendment has been more characterized by collision than confluence. Analysis brought to bear on the historical meaning of “the right of the people to keep and bear arms” has coalesced around two competing normative interpretations: either that the amendment guarantees a personal, individual right to bear arms, or that it applies only collectively to the effectiveness of the militia. It is a premise of this essay that both these models are historically unsatisfactory, the p
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