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Devolution and Administrative Law

Devolution and Administrative Law SCOTLAND Tom Mullen and Tony Prosser* There has been no shortage of discussion of the constitutional implications of devolution of legislative and executive authority to Scotland in the Scotland Bill now before Parliament.' It is quite clear that the constitutional implications are extraordinarily far-rea~hing.~ Rather less attention has been paid to the implications of the Bill for administrative law. In earlier rapports we have set out some of the basic principles of Scots administrative law and described its use in practice.3 It may be recalled that the substantive principles are generally similar to those in England; however, the scope of review is different and the procedure, while used relatively rarely, has avoided many of the procedural disadvantages noted south of the border. In this rapport we shall describe some of the ways in which the Bill, when enacted. will raise new issues of administrative law and may result in the development of a new constitutional and administrative law jurisdiction in the shape of the Judicial Committee of the Privy Council. This is likely to have a much greater potential than simply policing the powers of the devolved Parliament. * School of Law. University of Glasgow. We would like http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Public Law Kluwer Law International

Devolution and Administrative Law

European Public Law , Volume 4 (4) – Jan 21, 1998

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

SCOTLAND Tom Mullen and Tony Prosser* There has been no shortage of discussion of the constitutional implications of devolution of legislative and executive authority to Scotland in the Scotland Bill now before Parliament.' It is quite clear that the constitutional implications are extraordinarily far-rea~hing.~ Rather less attention has been paid to the implications of the Bill for administrative law. In earlier rapports we have set out some of the basic principles of Scots administrative law and described its use in practice.3 It may be recalled that the substantive principles are generally similar to those in England; however, the scope of review is different and the procedure, while used relatively rarely, has avoided many of the procedural disadvantages noted south of the border. In this rapport we shall describe some of the ways in which the Bill, when enacted. will raise new issues of administrative law and may result in the development of a new constitutional and administrative law jurisdiction in the shape of the Judicial Committee of the Privy Council. This is likely to have a much greater potential than simply policing the powers of the devolved Parliament. * School of Law. University of Glasgow. We would like

Journal

European Public LawKluwer Law International

Published: Jan 21, 1998

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