2012-09-01
Date | 01 September 2012 |
Author | Daniel J Carr,George L Gretton,Colin Matthew Campbell,Martin Hogg,Robert Rennie,Solinas Matteo,Findlay Stark |
Pages | 410-450 |
DOI | 10.3366/elr.2012.0122 |
Published date | 01 September 2012 |
Unlike man, the Scottish Parliament was born in chains. Apologies to Rousseau: J J Rousseau, See J H H Weiler and U R Haltern, “The autonomy of the community legal order – through the looking glass” (1996) 37 Harvard International LJ 411 at 437; N Walker, “The idea of constitutional pluralism” (2002) 65 MLR 317 at 349.
After more than a decade of devolution without a successful challenge to an Act of the Scottish Parliament, the supreme courts of Scotland have declared twice in the space of just over a month that the Scottish Parliament has exceeded its competence. The appeal court of the High Court of Justiciary in
In
Despite the controls to ensure legislative competence: Scotland Act 1998 ss 31, 33 and 35.
Although the facts of the case are ostensibly simple, they are splayed across tortuous legislative drafting and convoluted legislative policy processes and reasoning. Mr Salvesen was the owner of a farm in East Lothian. There was a tenancy over the farm, held by a limited partnership. The respondents were the general partners of the limited partnership, and Salvesen's agent the limited partner. Both the limited partnership and tenancy had commenced in 1992, and both were due to expire on 28 NovemberTo continue reading
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