Welcome

The Scottish Constitutional Futures Forum is a joint initiative of academics across the law schools of the Scottish universities. 

It seeks to provide an independent framework within which the key questions concerning Scotland's constitutional future can be aired and addressed.

Aims

The forum's main aims are to:

  • MAP the present constitutional debate by identifying and addressing the wide range of questions which have to be answered if Scotland's future is to be considered in a measured and comprehensive manner;
  • INFORM the debate by providing expert evidence, analysis and opinion from the Scottish legal academic community and beyond; and
  • ENGAGE in the debate by encouraging the participation of a wide range of groups and interests in a constitutional process the success of which depends on the breadth and depth of public involvement.

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Tom Mullen and Sarah Craig: The Immigration Act 2016, Reserved Matters and the Sewel Convention: a Reply

This is a reply to Iain Jamieson’s post  which was itself a response to a post of ours discussing the  significant changes to Scots landlord and tenant law contained in provisions of the ( then) Immigration Bill. Royal Assent to the Immigration Act 2016 (c.19)( the 2016 Act) has since been granted, and so the way is clear for the provisions under discussion to be implemented. Iain Jamieson’s post proceeds on the assumption that we consider that the enactment of these provisions without the consent of the Scottish Parliament constitutes a breach of the Sewel convention as currently understood.

Iain Jamieson: Interpretation of the Sewel Convention, the Purpose Test and the Immigration Bill

It is at present uncertain whether the Sewel convention, which has now been put on a statutory footing by s. 2 of the Scotland Act 2016, will fall to be interpreted by a court in the same way as any other statutory provision (see my earlier post here). It is therefore opportune to consider how it might be interpreted.

Iain Jamieson: Putting the Sewel Convention on a Statutory Footing

The way in which the UK Government has given effect in section 2 of the Scotland Act 2016 to the recommendation of the Smith Commission that the Sewel convention should be put on a statutory footing gives rise to a number of difficult constitutional questions for the Scottish and UK Parliaments and Governments and the courts.