Alan Page, Constitutional Law of Scotland

Pages253-254
Author
Date01 May 2016
Published date01 May 2016
DOI10.3366/elr.2016.0356

Alan Page's excellent volume on Scotland's constitutional law is a welcome addition to the authoritative SULI series. The book is without rival as the leading account of Scotland's internal constitution and will be much relied upon by practitioners and academics alike. It does everything one would expect of a modern SULI book, and Professor Page deserves the thanks and praise of lawyers across the country.

Constitutional Law of Scotland focuses on the constitutional law that happens within Scotland. To a large degree the book is an account of devolution. Reference is made to aspects of United Kingdom constitutional law that affect Scotland, such as the Human Rights Act 1998 and its novel remedy, the declaration of incompatibility, but such reference is passing and, in some instances, partial. Thus, while there is an account of the Scottish Parliament and of the Scottish Government, there is no like account of Westminster, of the powers of the Prime Minister, or of Whitehall. Such matters are examined in full, of course, in a range of books on British constitutional law: but not here. The result is a book that gives us an account of some – but far from all – of Scotland's constitutional law. Thus, for example, we are told in detail about electoral arrangements for MSPs, but not for the fifty-nine representatives Scotland sends to the House of Commons; likewise, there is a chapter on the police, but not on the constitutional powers of the military.

Alan Page is a constitutional lawyer who has long understood that it is the government – the executive branch – on which public lawyers should concentrate. This view is out of fashion, with the vast majority of academic public lawyers in the United Kingdom narrowly focusing now either on appeal court case law or on constitutional theory. Professor Page finds little space for either. Discussion in chapter 1, for example, of the Union character of the United Kingdom state, is brief and, throughout the book, the impression is never given that Scotland's is a constitution primarily made by judges.

Scotland's constitution, on this account, is plainly not a common law one. Further, not only is the constitution a creature primarily of legislation, but interpretation of that legislation by political actors and their officials is as significant as it is in case law. Standing orders and official documents are given as much prominence in Professor Page's account as are citations to the law reports. When it comes to “checks...

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