TY - JOUR
T1 - Invincible or Just a Flesh Wound?
T2 - The Holy Grail of Scots Law
AU - MacQueen, Hector
PY - 2014
Y1 - 2014
N2 - This paper, by Hector MacQueen, assesses the current state of Scots law and the Scottish legal system, arguing that as a small legal system which cannot be self-contained it is inevitably in a state of crisis, from which, however, it will not be rescued by Scotland becoming independent. Whatever happens after the referendum concerning Scottish Independence on 18 September 2014, the law is in need of active legislative reform, possibly codification, while the courts must become more positive in the attraction of business rather than, as it sometimes seems, seeking to push it away. Mere defence of the status quo will end in disablement and defeat.
AB - This paper, by Hector MacQueen, assesses the current state of Scots law and the Scottish legal system, arguing that as a small legal system which cannot be self-contained it is inevitably in a state of crisis, from which, however, it will not be rescued by Scotland becoming independent. Whatever happens after the referendum concerning Scottish Independence on 18 September 2014, the law is in need of active legislative reform, possibly codification, while the courts must become more positive in the attraction of business rather than, as it sometimes seems, seeking to push it away. Mere defence of the status quo will end in disablement and defeat.
KW - constitutional law
KW - legal systems
KW - independence
KW - Scots law
KW - Scotland
U2 - 10.1017/S1472669614000048
DO - 10.1017/S1472669614000048
M3 - Article
SN - 1472-6696
VL - 14
SP - 2
EP - 14
JO - Legal Information Management
JF - Legal Information Management
IS - 1
ER -