Law Making and the Scottish Parliament: The Early Years

by Elaine E. Sutherland (Editor), Kay E Goodall (Editor), Kay E. Goodall (Editor), Gavin F. M. Little (Editor), Fraser P Davidson (Editor)

Overview

Law Making and The Scottish Parliament: The Early Years is the first 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 brief account of the devolution settlement and summarises the themes emerging from the subsequent chapters. Thereafter, sixteen themed chapters, each dedicated to a discrete area of the law and written by an acknowledged expert in the field, provide critical evaluation of the Scottish Parliament’s contribution, highlighting what it has achieved, what it has failed to do and what might be done in the future. In a single volume, Law Making and The Scottish Parliament: The Early Years provides a scholarly evaluation of a number of key legislative achievements of Scotland’s devolved parliament in its first decade. It will appeal to legal and other scholars and students, lawyers and anyone with an interest in Scottish politics, policy-making and law.

Product Details

ISBN-13:	9780748696765
Publisher:	Edinburgh University Press
Publication date:	05/27/2014
Series:	Edinburgh Studies in Law , #9
Pages:	432
Product dimensions:	9.20(w) x 6.00(h) x 1.10(d)
Age Range:	18 Years

About the Author

Elaine E. Sutherland is Professor of Child & Family Law at the University of Stirling. She began her academic career in law at the University of Edinburgh, later moving to the University of Glasgow. She joined the Law School at Stirling Universityin 2006 as Professor of Child and Family Law and has been a Professor of Law at Lewis and Clark Law School, Portland, Oregon since 1999. She has written extensively on child and family law in Scotland and abroad.

Kay Goodall is Reader in Law at Stirling Law School. She came to Stirling from the University of Glasgow in 2007, having taught at Glasgow since 1998. Her research focuses on conceptualising discrimination in criminal and civil law.

Kay Goodall is Reader in Law at Stirling Law School. She came to Stirling from the University of Glasgow in 2007, having taught at Glasgow since 1998. Her research focuses on conceptualising discrimination in criminal and civil law.

Gavin Little is Head of Division of Law and Philosophy and Head of the Stirling Law School, and Professor of Public Law at the University of Stirling. He is an editor and contributing author to Law Making and the Scottish Parliament: The Early Years, E, Sutherland, K Goodall, G Little and F Davidson (eds), Edinburgh UniversityPress, Edinburgh, 2011.

From the APF
Professor Little’s main areas of interest are environmental law and regulation; public law; perspectives on legal scholarship; and legal history. His approach is broadly socio-legal, and he has a particular interest in exploring law in cross-disciplinary contexts. A key theme in his work is the integration of legal/regulatory analysis with politics, public administration, science, history, and culture, and he has published in these areas in journals such as the Modern Law Review, the Journal of Law and Society and Legal Studies.

Fraser Davidson joined Stirling Law School in 2005 having previously been Head of the School of Law and Alexander Stone Professor of Commercial Law in the University of Glasgow.

Fraser Davidson joined Stirling Law School in 2005 having previously been Head of the School of Law and Alexander Stone Professor of Commercial Law in the University of Glasgow.

Table of Contents

Preface to the Paperback Edition v

Preface vii

List of Contributors viii

Table of Cases x

Table of Westminster Statutes xvii

Table of Scottish Parliament Statutes xxx

Table of Westminster Statutory Instruments li

Table of Scottish Statutory Instruments liii

The Scottish Parliament-Its Genesis And Operation

1 Law Making and the Scottish Parliament: The Early Years in Context: The Editors 3

2 A Parliament that is Different? The Law-Making Process in the Scottish Parliament Alan Page 9

Rights And Society

3 Human Rights and People and Society Aidan O'Neill 35

4 Child and Family Law: Progress and Pusillanimity Elaine E Sutherland 58

5 Culture Robert Dunbar 84

6 Charity Law: An Issue of Choice Stuart Cross 103

Public Administration And Services

7 Local Government Francis McManus 127

8 Housing Peter Robson 141

9 Education: Could Do Better Janys M Scott 157

Justice And Legal System

10 The Reform of the Scottish Judiciary Gavin F M Little 183

11 Criminal Law and Criminal Justice: An Exercise in Ad Hocery Pamela R Ferguson 208

12 Juvenile Offending: Welfare or Toughness Claire McDiarmid 225

13 Evidence Fraser P Davidson 250

Economy And Environment

14 Property Law: How the World Changed at Martinmas Robert Rennie 271

15 Business David Cabrelli 303

16 Environment and Sustainable Development Colin T Reid 317

17 Transport Ann Faulds Trudi Craggs 341

Index 361

What People are Saying About This

The Edinburgh Law Review - Shona Wilson

The overall thesis of the collection is that although the Scottish Parliament has been unexpectedly industrious, the reforms it has made (with some notable exceptions) have been fairly modest. This theme is thoroughly explored in the essays, making it a valuable critique of Holyrood's first decade. Due to the breadth of subject matter covered, this book could be of benefit to students, academics and practitioners in all fields. Further, given the helpful and detailed background information set out by the editors and the admirable clarity of presentation, this work is equally accessible to interested non-lawyers.

Editorial Reviews

The overall thesis of the collection is that although the Scottish Parliament has been unexpectedly industrious, the reforms it has made (with some notable exceptions) have been fairly modest. This theme is thoroughly explored in the essays, making it a valuable critique of Holyrood's first decade. Due to the breadth of subject matter covered, this book could be of benefit to students, academics and practitioners in all fields. Further, given the helpful and detailed background information set out by the editors and the admirable clarity of presentation, this work is equally accessible to interested non-lawyers.

The Edinburgh Law Review - Shona Wilson