The Scots Statute-Style and Substance
Jamieson, Nigel
This item is not available in full-text via OUR Archive.
If you are the author of this item, please contact us if you wish to discuss making the full text publicly available.
Cite this item:
Statute Law Review, Vol. 28, Issue 3, pp. 182-198, 2007.
Permanent link to OUR Archive version:
http://hdl.handle.net/10523/8707
Abstract:
New or renewed legislatures afford opportunities for reassessing old legislatures, and introducing new and improved forms of legislative composition. Thus the North American experience, derived from the breakaway Colonies, came down heavily against referential legislation, the Australian and New Zealand experience implemented many Benthamite reforms ahead of the Old Country, and the tabula rasa afforded generally by Colonial and Commonwealth legislation at first enabled, and eventually enforced on its parent legislature, an explicit and consistently adhered to system of textual amendment. In view of the opportunities afforded by Scottish Devolution, what innovations may we expect of the new Scottish statute? Thanks to the earlier work of Coode, to the continuing surveillance of the Statute Law Society, to the committed enthusiasm of parliamentary counsel such as Driedger, Dale, and Bennion, and especially to the seminal work of linguistic analysts such as Plowden, Mellinkoff, Frye, and Bowers, new theories, practices, forms, and precedents abound as never before for statute law. Nevertheless, there are also questions of tradition, culture, and national identity at issue-especially for a restored or reborn legislature such as the present Scottish Parliament. This paper examines some of the issues, both in terms of legislative style and legislative substance, which pertain to the new Scottish statute.
Date:
2007
Publisher:
Oxford University Press
Pages:
182-198
Keywords:
Public law; Commonwealth; Legislation; Scotland
Research Type:
Journal Article
Languages:
English
Collections
- Journal Article [835]
- Law Collection [511]