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  • Rent Deposits - Filling in the Gaps

    Background

    With all the major world-shaking events that are at present going on around us, it is easy to overlook the smaller things, which may, nevertheless, still have an effect upon us.  For example, on the Brexit/Trump scale of 0-10, the Tenancy Deposit Schemes (Scotland) Regulations 2011 might, on the…

    Published by School of Law, University of Aberdeen
  • Aggravation by Religious Prejudice in Scotland: The Lord Advocate's Lacuna

    The Lord Advocate, the Rt Hon James Wolffe, QC, recently wrote to the Scottish Justice Secretary Michael Matheson following the conviction and sentencing of Tanveer Ahmed for the religiously-motivated murder of Asad Shah.  His correspondence referred to a ‘gap in the law’ (the Lord Advocate’s lacuna) and reflected ‘the earlier…

    Published by School of Law, University of Aberdeen
  • Yeah but, no but: why the High Court was right and wrong in the Brexit case

    The High Court decision in Miller (the ‘Brexit case’) was essentially a public law case.  The judgment (PDF) addresses the question of whether the royal prerogative can be exercised to repeal vested statutory rights.  As is well known, the Court found in the negative.  In the Court’s view, therefore, notice…

    Published by School of Law, University of Aberdeen
  • The debate about the justification of constitutional review: six theses

    Introduction

    The justifiability of constitutional judicial review is one of the perplexing questions of constitutional theory. Every generation of constitutional lawyers has struggled with the issue without being able to provide knock-down arguments that would have settled the controversy. In the UK, the adversaries of the two positions are (for…

    Published by School of Law, University of Aberdeen
  • Reflections on "Land Reform: Legal, Historical and Policy Perspectives"

    A version first appeared in Issue 177 of the Scottish Planning & Environmental Law journal (October 2016) at page 104.

    On 26 August 2016, the University of Aberdeen hosted a conference about one of the hottest potatoes in Scottish politics at the moment: land law reform. The conference, and a…

    Published by School of Law, University of Aberdeen
  • Averting an Australian 'Deepwater Horizon': the power of the people

    Today some of us will go to the movies. A few of us will see the new action thriller called Deepwater Horizon. The movie is the ultimate action thriller, starring Mark Wahlberg as the action hero. However it is no Hollywood tale; rather it is a real-life story, and one…

    Published by School of Law, University of Aberdeen

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