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Book Review: Public Law in Scotland , edited by Aileen McHarg and Tom Mullen. (Avizandum Publishing Ltd., Edinburgh, 2006)

Book Review: Public Law in Scotland , edited by Aileen McHarg and Tom Mullen. (Avizandum... Book Review Aileen McHarg and Tom Mullen (eds.), Public Law in Scotland (Avizandum Publishing Ltd., Edinburgh, 2006) 353 pp., ISBN 1904968082, 978190468085, pb £29.95 As this reviewer found in ten years of teaching public law in Scotland, a specifically Scottish version of public law remains surprisingly underdeveloped. This is particularly striking in comparison to Scots private law, where there is an extremely lively academic culture and distinctive and authoritative texts. In public law, by contrast, there was uncertainty as to the extent to which the underlying principles were different from those of the rest of the UK and could in themselves found a distinct constitutional vision. Of course there are major differences in approach and in detail, in both constitutional and administrative law; one has only to think of the qualified approach to Parliamentary sovereignty adopted by Lord President Cooper in MacCormick v. Lord Advocate 1952 SC 39, or the different approach to the scope of judicial review in West v. Secretary of State for Scotland 1992 SC 385. Yet, as a statement of the nation's distinctiveness, public law remained the poor relation of Scots private law. This was paralleled in the absence of a major and comprehensive http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Public Law Kluwer Law International

Book Review: Public Law in Scotland , edited by Aileen McHarg and Tom Mullen. (Avizandum Publishing Ltd., Edinburgh, 2006)

European Public Law , Volume 14 (1) – Feb 1, 2008

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Kluwer Law International
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Copyright © Kluwer Law International
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1354-3725
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Abstract

Book Review Aileen McHarg and Tom Mullen (eds.), Public Law in Scotland (Avizandum Publishing Ltd., Edinburgh, 2006) 353 pp., ISBN 1904968082, 978190468085, pb £29.95 As this reviewer found in ten years of teaching public law in Scotland, a specifically Scottish version of public law remains surprisingly underdeveloped. This is particularly striking in comparison to Scots private law, where there is an extremely lively academic culture and distinctive and authoritative texts. In public law, by contrast, there was uncertainty as to the extent to which the underlying principles were different from those of the rest of the UK and could in themselves found a distinct constitutional vision. Of course there are major differences in approach and in detail, in both constitutional and administrative law; one has only to think of the qualified approach to Parliamentary sovereignty adopted by Lord President Cooper in MacCormick v. Lord Advocate 1952 SC 39, or the different approach to the scope of judicial review in West v. Secretary of State for Scotland 1992 SC 385. Yet, as a statement of the nation's distinctiveness, public law remained the poor relation of Scots private law. This was paralleled in the absence of a major and comprehensive

Journal

European Public LawKluwer Law International

Published: Feb 1, 2008

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