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Vol 21 No 10 Oct/Nov 2016

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Constituting Scotland: The Scottish National Movement and the Westminster Model


ISBN13: 9780748697595
Published: July 2016
Publisher: Edinburgh University Press
Country of Publication: Scotland
Format: Hardback
Price: £70.00



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There is currently a sparse and much-needed literature on constitutional design in Scotland. The rise of the Scottish national movement has been accompanied by the emergence of a distinct constitutional ideas, claims and arguments.

Drawing on the fields of constitutional theory, comparative constitutional law, and Scottish studies, this book examines the historical trajectory of the constitutional question in Scotland and analyses the influences and constraints on the constitutional imagination of the Scottish national movement, in terms of both the national and international contexts.

It identifies an emerging Scottish nationalist constitutional tradition that is distinct from British constitutional orthodoxies but nevertheless corresponds to broad global trends in constitutional thought and design. Much of the book is devoted to the detailed exposition and comparative analysis of the draft constitution for an independent Scotland published by the SNP in 2002.

The 2014 draft interim Constitution presented by the Scottish Government is also examined, and the two texts are contrasted to show the changing nature of the SNP's constitutional policy: from liberal-procedural constitutionalism in pursuit of a more inclusive polity, to a more populist and majoritarian constitutionalism.

Subjects:
Scots Law
Contents:
Acknowledgements
1, Introduction
2, The Global Development Of The Westminster Model
3, The Scottish Context
4, The Westminster Model In A Dreich Climate: The Emergent Scottish Constitutional Tradition
5, 2002 Draft I: Parliament And The Legislative Power
6, 2002 Draft II: Head Of State And The Executive Branch
7, 2002 Draft III: Judiciary, Rights And Substantive Provisions
8, The SNP’s Constitutional Policy 2002-2014: From Liberal Procedural Constitutionalism To Democratic Populism?
Bibliography