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Scottish Devolution (scottish + devolution)

Distribution by Scientific Domains
Humanities and Social Sciences40%

Selected Abstracts

Between Two Unions: Europeanisation and Scottish Devolution by Paolo Dardanelli

NATIONS AND NATIONALISM, Issue 2 2007
NICOLA McEWEN
[source]

Dispute resolution in federal systems

INTERNATIONAL SOCIAL SCIENCE JOURNAL, Issue 167 2001
Michael Crommelin
This article deals selectively with four broad approaches to conflict management in federal systems of government: formal dispute resolution,informal dispute resolution, dispute avoidance, and popular dispute resolution. Courts undertake the task of formal dispute resolution through judicial review: issues of current significance include judicial concepts of federalism, the reference jurisdiction, Scottish devolution, and supranational federalism and the European Court of Justice. Examples of informal dispute resolution are few. The South African Constitution includes a provision, requiring parties to an intergovernmental dispute to exhaust all other remedies before resorting to litigation. The dispute resolution process contained in chapter 20 of the North American Free Trade Agreement may stimulate experimentation with similar models in federal systems. Dispute avoidance techniques are many and varied; they include the drafting of constitutional instruments and the use of intergovernmental forums within and outside the constitutional framework. The electoral process may be employed in federal systems to determine the fate of governments, specific legislative measures and proposed constitutional amendments. Each federal society has its own culture of conflict management, which exerts a subtle but significant influence on the operation of, and the relationship among, dispute resolution systems. [source]

Scotland and parliamentary sovereignty

LEGAL STUDIES, Issue 4 2004
Gavin Little
The authority of the classic Diceyan approach to parliamentary sovereignty has, as is well known, been called into question as a result of the UK's membership of the EU and human rights legislation. However, this paper focuses on the implications of Scottish devolution for the orthodox doctrine of parliamentary sovereignty. The constitution, and the legislative supremacy of Westminster within it, remains a controversial political issue in Scotland. Accordingly, rather than hypothesising inductively from constitutional doctrine, consideration is given to the nature of the interaction between the socio-political forces which underlie Scottish devolution and the concept of parliamentary sovereignty. It is contended that the foundations of the Scottish political order have shifted in a way which is already presenting significant challenges. Moreover, looking to the future, the pressure on the orthodox Diceyan approach is likely to intensify over time. In this context, it is questionable whether constitutional conventions of the sort which are already evolving or the possible development by the courts of more formal constitutional norms will, in the long term, be able to reconcile parliamentary sovereignty with Scottish political reality. Indeed, it is argued that , from a Scottish perspective at least , the viability of classic, Diceyan parliamentary sovereignty as a meaningful constitutional doctrine will be called into question in the years to come. [source]

Scottish devolution: identity and impact and the case of community care for the elderly

PUBLIC ADMINISTRATION, Issue 2 2003
Gordon Marnoch
This article examines the emergent identity and impact of devolution in Scotland. Using the case of community care for the elderly, a model is set out for capturing the different interpretive perspectives evident in relation to a particular policy area in 1999,2001. The political story of the ,free personal care' issue, in which the Scottish Executive were unexpectedly forced into adopting a markedly different policy from the rest of the UK, is examined in some detail. Setting the episode in a broader context, four discursive thematics are identified in relation to the policy case. A model is demonstrated for examining different aspects of devolution including constitutional level and sub-system aspects of post-devolution governance. Conclusions are drawn as to the meaning which should be ascribed to the discourse associated with devolution and community care for the elderly. [source]