MacCormick's Scotland


Book Description

This book analyses in depth the distinctively Scottish themes in the work of Sir Neil MacCormick, the world-renowned legal philosopher and prominent Scottish public intellectual who died in 2009 after holding the Regius Chair in Public Law and the Law of Nature and Nations at Edinburgh University for 36 years. MacCormick's work, and works about MacCormick, attract both a domestic and an international audience. Readers will gain an understanding of how MacCormick's Scottish roots, interests and commitments coloured his work - both his distinctively Scottish writings and the overall intellectual outlook that informed his broader legal and philosophical writings.The book provides a well rounded appreciation of the Scottish dimension in MacCormick's thinking and writing. It focuses on a number of prominent Scottish themes in MacCormick's work and life and is structured around four key themes: 1) the nature and identity of a legal system; 2) sovereignty, European integration and Scottish independence; 3) the legacy of the legal and political thought of the Scottish enlightenment; and 4) the role of the academic in the Scottish public sphere.




Constituting Scotland


Book Description

Before the independence referendum in 2014, the First Minister of Scotland Alex Salmond promised a written constitution for Scotland in the event of a 'Yes' vote. The UK is almost unique in having never adopted a written constitution or other fundamental law. Why did this commitment arise in Scotland?




Research Handbook on Secession


Book Description

Combining both theoretical and practical insights, the Research Handbook on Secession addresses a wide range of legal issues and concepts surrounding secessions. It considers both well-known examples such as Kosovo and Bangladesh alongside less frequently discussed cases including Somaliland and Palestine. The Research Handbook offers state-of-the-art analysis of international law on – among other topics – statehood, secession, self-determination, as well as comparative constitutional perspectives.




Secession and European Union Law


Book Description

Secession is a live issue in today's Western Europe. In the last decade, we have witnessed the consolidation of pro-independence movements in Scotland and Catalonia and in the near future, we might see their re-emergence or the rise of other pro-secession movements in other European regions. The response of the EU institutions to secession within EU Member States may well be based mainly on political considerations. However, since the EU is a community based on the rule of law, it has also to justify its position with normative arguments of principle. Secession and European Union Law provides such normative support, drawing on a pluralist reading of the relation between EU law and national law, to support the conclusion that EU law should respect domestic constitutional orders. This book studies secession within EU Member States through legal methodology: the theoretical-doctrinal analysis of concepts and institutions, considering the evolving reality and case law. The legal approach has three dimensions, given the three different legal orders that interact at the EU level: international law, EU law and national constitutional law. Based on Article 4 (2) TEU, the central claim of this book is that the EU duty to respect national identity and fundamental constitutional structures generate obligations to respect Member States' constitutional orders, provided that the values enshrined in the Article are not violated by the Member State affected. Topical and original, Secession and European Union Law reviews and rethinks key features of the EU and the EU legal order.




The Oxford Handbook of Scottish Politics


Book Description

The Handbook of Scottish Politics provides a detailed overview of politics in Scotland, looking at areas such as elections and electoral behaviour, public policy, political parties, and Scotland's relationship with the EU and the wider world. The contributors to this volume are some of the leading experts on politics in Scotland.




The Scottish Independence Referendum


Book Description

The September 2014 Scottish independence referendum was an event of profound constitutional and political significance, not only for Scotland, but for the UK as a whole. Although Scottish voters chose to remain in the UK, the experience of the referendum and the subsequent political reaction to the 'No' vote that triggered significant reforms to the devolution settlement have fundamentally altered Scotland's position within the Union. The extraordinary success of the Scottish National Party at the 2015 General Election also indicates that the territorial dimension to UK constitutional politics is more prominent than ever, destabilising key assumptions about the location and exercise of constitutional authority within the UK. The political and constitutional implications of the referendum are still unfolding, and it is by no means certain that the Union will survive. Providing a systematic and academic analysis of the referendum and its aftermath, this interdisciplinary edited collection brings together public lawyers, political scientists, economists, and historians in an effort to look both backwards to, and forwards from, the referendum. The chapters evaluate the historical events leading up to the referendum, the referendum process, and the key issues arising from the referendum debate. They also explore the implications of the referendum both for the future governance of Scotland and for the UK's territorial constitution, drawing on comparative experience in order to understand how the constitution may evolve, and how the independence debate may play out in future.




Deutsche Rechts- und Sozialphilosophie um 1900


Book Description

Content: I. Theories of State: R. Martin: Democracy and Rights: Two Perspectives - G. den Hartogh: The Limits of Liberal Neutrality - M. Blegvad: Types of Liberal Theories of Justice and Democracy - P. Gerard: Ethique et politique dans la legitimation du droit - A. Perenic: La primaute de l'individu ou la primaute du systeme politique - E. Wolgast: The State as Servant - V. Haksar: Social Contract, Integrity and the Right to Equal Liberties - II. Theories of Law: J. Cottingham: The Philosophical Status of Natural Rights - T. A. Fay: Rights and Natural Law - S. Morimura: Social Morality and Right-Based Moralities - M. D. Bayles: Against Right-Based Moral Theories - C. Johnson: On Some Alleged Difficulties for Utilitarian Justifications of Rights - H. v. Erp: Democracy: Pragmatic Conceptions and Ethical Justification - A. M. Cameron: MacCormick's Liberal Theory of Rights - F. A. Cappelletti: De la libre pensee au droit a la libre communication des pensees et des opinions - H. Collins: Liberty and Equality in the Workplace - B. B. Levenbook: Are There Any Positive Rights? - H. T. Klami: All Things Not Considered - R. Alexy: Problems of Discursive Rationality in Law - A. Aarnio: Taking Rules Seriously - J.-P. Rentto: Obligation to Obey? - A. MacLeod: Rights, Constraints and Consequences - I. Williams: Legal Rights and Privacy in the Information Society




Modern SNP


Book Description

The Scottish National Party has played a significant role in the politics of Scotland in the last forty years. In particular it has contributed to and shaped the impact and dynamics of devolution. This collection brings together academics, writers, commentators and analysts of Scottish politics to address the nature of the SNP: its position in Scotland, its influence on devolution, its role as a minority administration and its relationship with other institutions in Scotland, the UK and Europe.




Historical Title, Self-Determination and the Kashmir Question


Book Description

In Historical Title, Self-Determination and the Kashmir Question Fozia Nazir Lone offers a critical re-examination of the Kashmir question. Through an interdisciplinary approach and international law perspective, she analyses political practices and the substantive international law on the restoration of historical title and self-determination. The book analytically examines whether Kashmir was a State at any point in history; the effect of the 1947 occupation by India/Pakistan; the international law implications of the constitutional incorporation of this territory and the ongoing human rights violations; whether Kashmiris are entitled to restore their historical title through the exercise of self-determination; and whether the Kashmir question could be resolved with the formation of international strategic alliance to curb danger of spreading terrorism in Kashmir.




Law and Democracy in Neil MacCormick's Legal and Political Theory


Book Description

This volume offers a collection of articles by leading legal and political theorists. Originally intended as a celebration of MacCormick’s work on the occasion of the completion of the four-volume series on Law, State and Practical Reason, it has turned into a homage and salute after MacCormick’s passing. Cast in MacCormick’s reflexive spirit, the book presents a critical reconstruction of the Scottish philosopher’s work, with the aim of revealing the connections between law and democracy in his writings and furthering his insights in each specific field. Neil MacCormick made outstanding contributions to the understanding of law and democracy under conditions of pluralism. His institutional theory of law has elucidated the close connection between the normative character of law as a means of social integration and legal social practices. This has produced a synthesis of the key insights of the legal and political theories of Kelsen, Hart, Alexy and Dworkin, and has broken new ground by undermining the ‘monolithic’ and ‘nation-state’ centered character of standard legal theories.