…or ‘Scots Law Strikes Again’. In Scotland, as I’ve said before, the burden of a court case is divided up. The Jury are the most important people in a court room, but they are the keepers of the facts. I’ve argued the sometimes that can lead to problems, but it remains that the jury determines the facts of the case. But the Judge is important too, … Continue reading Lies, Damned Lies and Juristics…
…or a shameless self promotion Today, at approximately 5pm, the late Margo MacDonald’s Assisted Suicide (Scotland) Bill, adopted by Partick Harvie, will most likely be defeated at Stage 1. it’ll mark the third time in as many Parliaments that a bill that would legalise Assisted Suicide would fail to pass. This bill in particular has come in for pretty harsh criticism, and the Committee hasn’t been … Continue reading The 3rd Death of Assisted Suicide…
…or how I developed a new respect for the Law Society. Last November the Law Society of Scotland (or ‘LSoS’) released it’s Discussion Paper on the Future of Legal Aid in Scotland, setting out what changes it felt could be made. At the time I, amongst others, came out pretty resolutely against many of the reforms they suggested, since I felt they would damage the ability for the … Continue reading Re-Solving Legal Aid…
What would getting rid of the Human Rights Act mean? Would it achieve what proponents believe, and what would it mean in a Scottish Context? Continue reading Repealing the HRA…
…or a long story on a lot of not very much. It’s been a busy few weeks for me. In the past few weeks on the Diploma I’ve had 6 or 7 assessments, some written, some oral and some both. Street Law lessons have been great – and I was part of a ‘Day of Street Law’ at Kyle Academy in Ayr {Which I will be … Continue reading Refuge in Audacity?
…or “Constitutions on ketamine”. So, The Smith Commission. Remember that? One of the recommendations in its Final Report was that: “UK legislation will state that the Scottish Parliament and Scottish Government are permanent institutions. ” [para 21] This was, in turn, translated into the Draft Scotland Clauses 2015 (what would become the Scotland Bill 2015) in s.1, which would insert the following into the Scotland Act 1998: (1A) … Continue reading ‘Higher’ Law…
…or an examination of the ALMIGHTY KEEPER. So imagine A wants to sell B their magazine. They’d form a contract. A would agree to give B the magazine and, in return, B would agree to pay A money for them. There are two rights created here, along with two obligations: A has a right to payment and an obligation to deliver the magazine. B has a … Continue reading Highland (lack of) Titles…
Yesterday, the Chief Executive of the Scottish Police Federation, Calum Steele, published a letter he has sent to every MSP regarding the latest revelations regarding stop and search powers. Many have judged its contents to be organisationally arrogant, legally ignorant and politicly naive. In particular, Lallands Peat Worrier’s response speaks to some of the more ridiculous parts of the letter. However, virtually every paragraph of the statement contains … Continue reading A Response to Calum Steele…
…or a how a group of S3 pupils played a part in this week’s FMQs. I’ve written before about The Law Society of Scotland’s expanded Street Law programme and how excited I am by it. On Tuesday, I took my first lesson at Bellahouston Academy with an S3 class. The subject was Police Scotland’s use of Stop and Search [S&S] – and the BBC came in to film some of for a … Continue reading #StreetLaw 1 – Stop and Search
…or why fans are probably right to worry. In what seems to be the never-ending Rangers saga – we have a new chapter. Mike Ashley, owner of Newcastle United, has offered the club a £10million loan, which it seems they desperately need. But, like all things, there’s a catch – it would be secured over Ibrox Stadium. What does this mean legally, and why should it … Continue reading A ‘Secure’ Future for Rangers
Paul Cruikshank 