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Back to the Future? Judges, Politicians and the Constitution in the New Scotland

Aidan O’Neill

in The United Kingdom's Statutory Bill of Rights: Constitutional and Comparative Perspectives

Published in print:
2013
Published Online:
January 2014
ISBN:
9780197265376
eISBN:
9780191760426
Item type:
chapter
Publisher:
British Academy
DOI:
10.5871/bacad/9780197265376.003.0004
Subject:
Law, Human Rights and Immigration

This chapter gives a view for and of Scotland. It highlights the different constitutional status given to Convention rights under the Scotland Act 1998. These constitute absolute and non-negotiable ... More


Children's Participation in Court Proceedings when Parents Divorce or Separate: Legal Constructions and Lived Experiences

E. Kay, M. Tisdall, and F. Morrison

in Law and Childhood Studies: Current Legal Issues Volume 14

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199652501
eISBN:
9780191739217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199652501.003.0011
Subject:
Law, Family Law, Human Rights and Immigration

Children's participation generally — and children's participation in court proceedings when their parents divorce or separate specifically — has gained considerable policy and practice prominence. In ... More


From Scotland and Ireland: Scotland after 1707

Philip H Brodie

in The Judicial House of Lords 1876–2009:

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199532711
eISBN:
9780191705489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199532711.003.0017
Subject:
Law, Legal History

This chapter discusses the role of the House of Lords in relation to Scotland, Ireland, and Northern Ireland. Topics covered include the Treaty of Union between Scotland and England, the assumption ... More


Scottish Irregular Marriages

Göran Lind

in Common Law Marriage: A Legal Institution for Cohabitation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195366815
eISBN:
9780199867837
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195366815.003.0011
Subject:
Law, Family Law

This chapter discusses the Scottish law on irregular marriages. Two medieval canon law models of marriage were valid in Scotland. The first was marriage per verba de praesenti, in other words, ... More


Pastoral Politics

Nigel Leask

in Robert Burns and Pastoral: Poetry and Improvement in Late Eighteenth-Century Scotland

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199572618
eISBN:
9780191722974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572618.003.0005
Subject:
Literature, Poetry, 18th-century Literature

This chapter turns to the contentious question of Burns and politics. Eschewing vague speculation about the poet's ‘radicalism’, it focuses on his social and political attitudes as expressed in his ... More


Law Making and the Scottish Parliament: The Early Years

Elaine E Sutherland and Kay E Goodall

Published in print:
2011
Published Online:
March 2012
ISBN:
9780748640195
eISBN:
9780748651498
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748640195.001.0001
Subject:
Law, Legal History

This book offers a wide-ranging critical analysis of legislative developments in those areas of law and policy devolved to the Scottish Parliament under the devolution settlement. It begins with a ... More


A History of Private Law in Scotland

Reinhard Zimmermann and Kenneth Reid

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198267782
eISBN:
9780191683374
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198267782.001.0001
Subject:
Law, Constitutional and Administrative Law, Legal History

Law in Scotland has a long history, uninterrupted either by revolution or by codification. This work is a detailed and systematic study in the field of Scottish private law. It takes key topics from ... More


Interpretation

ERIC CLIVE

in A History of Private Law in Scotland: Volume 2: Obligations

Published in print:
2000
Published Online:
March 2012
ISBN:
9780198299288
eISBN:
9780191685651
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198299288.003.0002
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter focuses on the interpretation of law, focusing on the two dominant influences—civilian and English law—that were assumed to have played great influences in concluding Scottish law. It ... More


Codification of the Criminal Law

Eric Clive

in Essays in Criminal Law in Honour of Sir Gerald Gordon

Published in print:
2010
Published Online:
March 2012
ISBN:
9780748640706
eISBN:
9780748651450
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748640706.003.0015
Subject:
Law, Criminal Law and Criminology

This chapter focuses on the codification of the criminal law, specifically the draft criminal code for Scotland, which was developed over a number of years by a group of academics and published as a ... More


Testamentary Formalities in Scotland

Kenneth G C Reid

in Comparative Succession Law: Volume I: Testamentary Formalities

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199696802
eISBN:
9780191732065
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696802.003.0017
Subject:
Law, Company and Commercial Law

There are no separate rules of testamentary formality in Scottish law, and wills are solemnised in the same way as other juridical acts for which writing is required. The reason is historical. Until ... More


A Flag in the Wind: MacCormick v Lord Advocate

Gavin Little

in Scots Law Tales

Published in print:
2010
Published Online:
September 2015
ISBN:
9781845860677
eISBN:
9781474406260
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845860677.003.0002
Subject:
Law, Legal History

This chapter explores the MacCormick case, a Scottish constitutional landmark inquest. John MacCormick, an accomplished solicitor and partner of a law firm based in Glasgow, claimed that the British ... More


The perambulation of land

Cynthia J. Neville

in Land, Law and People in Medieval Scotland

Published in print:
2010
Published Online:
March 2012
ISBN:
9780748639588
eISBN:
9780748653492
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748639588.003.0003
Subject:
Society and Culture, Scottish Studies

This chapter examines the importance of perambulation in medieval Scottish society. It reviews the work of legal historians on the origins of the royal brieve that, as early as the reign of David I, ... More


Essays in Criminal Law in Honour of Sir Gerald Gordon

James Chalmers and Fiona Leverick

Published in print:
2010
Published Online:
March 2012
ISBN:
9780748640706
eISBN:
9780748651450
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748640706.001.0001
Subject:
Law, Criminal Law and Criminology

This book honours the work of Sir Gerald Gordon CBE QC LLD (1929– ). In modern times few, if any, individuals can have been as important to a single country's criminal law as Sir Gerald has been to ... More


The Ambition of Lord Kames’s Equity

Michael Lobban

in Law and History: Current legal Issues 2003 Volume 6

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199264148
eISBN:
9780191698910
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264148.003.0006
Subject:
Law, Philosophy of Law

Henry Home, Lord Kames, produced the most important legal publications of the Scottish Enlightenment. His literary output, legal and philosophical, was prodigious, both before and after his ... More


Professor Norrie's Commentaries on Family Law

Kenneth Norrie

Published in print:
2011
Published Online:
September 2015
ISBN:
9781845861193
eISBN:
9781474406246
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845861193.001.0001
Subject:
Law, Family Law

This book is a miscellany of short commentaries on a disparate range of issues relating to (primarily Scottish) family law. It is a collected reprinting of commentaries over the course of almost 12 ... More


Intestate Succession in Scotland

Kenneth G C Reid

in Comparative Succession Law: Volume II: Intestate Succession

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198747123
eISBN:
9780191809408
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198747123.003.0016
Subject:
Law, Comparative Law, Family Law

Three things stand out in the development of intestate succession law in Scotland. First, the endurance into the modern period of rules which were formed in the Middle Ages and which, in the case of ... More


Legal Rights in Scotland

Kenneth G C Reid

in Comparative Succession Law: Volume III: Mandatory Family Protection

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198850397
eISBN:
9780191885419
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850397.003.0014
Subject:
Law, Law of Obligations, Private International Law

The rules of mandatory family protection in Scotland date from the late Middle Ages and were a close copy of the rules then (but no longer) in force in England. Originally they comprised two distinct ... More


The Scottish Independence Referendum: A Model of Good Practice in Direct Democracy?

Stephen Tierney

in The Scottish Independence Referendum: Constitutional and Political Implications

Published in print:
2016
Published Online:
August 2016
ISBN:
9780198755517
eISBN:
9780191816697
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198755517.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter assesses the referendum process in light of the legislation passed by the Scottish Parliament to regulate the referendum and also against the broader context of UK-wide referendum law ... More


Scots Law Tales

John Grant and Elaine E. Sutherland (eds)

Published in print:
2010
Published Online:
September 2015
ISBN:
9781845860677
eISBN:
9781474406260
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845860677.001.0001
Subject:
Law, Legal History

This book reveals the stories behind some of the most important and memorable cases in Scottish legal history. The cases it covers range from the miscarriage of justice against Oscar Slater to the ... More


Lex Scripta and the Problem of Enforcement: Anglo-Saxon, Welsh, and Scottish Law Compared

Alice Taylor

in Legalism: Community and Justice

Published in print:
2014
Published Online:
October 2014
ISBN:
9780198716570
eISBN:
9780191785108
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198716570.003.0003
Subject:
Law, Philosophy of Law, Comparative Law

The gap between written law (lex scripta) and legal practice has long been a problem for medieval historians. The content of law does not necessarily envisage structures for its own enforcement, nor ... More


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