Preserving the Rule of Law in Public Law Cases: Keatings v Advocate General for Scotland and the Lord Advocate

Robert Taylor

doi:10.3366/elr.2021.0698

Preserving the Rule of Law in Public Law Cases: Keatings v Advocate General for Scotland and the Lord Advocate

Robert Taylor^* (Corresponding Author)

^*Corresponding author for this work

Law

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Abstract

In Keatings v Advocate General for Scotland and the Lord Advocate, the pursuer, a campaigner for Scottish independence, sought two declarators from the Outer House to confirm that the Scottish Parliament had the power to legislate for a Scottish independence referendum without the consent of the UK Government. Although it concerned a matter of public rather than private law, the case was nevertheless brought as an ordinary action of
declarator rather than as a petition for judicial review.

Original language	English
Pages (from-to)	231-237
Number of pages	7
Journal	Edinburgh Law Review
Volume	25
Issue number	2
Early online date	31 May 2021
DOIs	https://doi.org/10.3366/elr.2021.0698
Publication status	Published - 2021

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Taylor_etal_ELR_Preserving_The_Rule_AAM
This is an [Author’s Original/Accepted Manuscript] of an article published by Edinburgh University Press in Edinburgh Law Review. The Version of Record is available online at: http://www.euppublishing.com/doi/abs/[Article DOI].
Accepted author manuscript, 243 KBLicence: Other

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title = "Preserving the Rule of Law in Public Law Cases: Keatings v Advocate General for Scotland and the Lord Advocate",

abstract = "In Keatings v Advocate General for Scotland and the Lord Advocate, the pursuer, a campaigner for Scottish independence, sought two declarators from the Outer House to confirm that the Scottish Parliament had the power to legislate for a Scottish independence referendum without the consent of the UK Government. Although it concerned a matter of public rather than private law, the case was nevertheless brought as an ordinary action ofdeclarator rather than as a petition for judicial review.",

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AB - In Keatings v Advocate General for Scotland and the Lord Advocate, the pursuer, a campaigner for Scottish independence, sought two declarators from the Outer House to confirm that the Scottish Parliament had the power to legislate for a Scottish independence referendum without the consent of the UK Government. Although it concerned a matter of public rather than private law, the case was nevertheless brought as an ordinary action ofdeclarator rather than as a petition for judicial review.

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Preserving the Rule of Law in Public Law Cases: Keatings v Advocate General for Scotland and the Lord Advocate

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