TY - JOUR
T1 - Public Law Declarators, the Jurisdiction of the Court, and Scottish Independence
T2 - Keatings v Advocate General
AU - Taylor, Robert Brett
PY - 2021/9
Y1 - 2021/9
N2 - In Keatings v Advocate General, the pursuer sought to appeal the decision of the Lord Ordinary (Lady Carmichael) to dismiss his action of declarator.2 The pursuer wanted two declarators to confirm that it was within the competence of the Scottish Parliament to legislate unilaterally for an independence referendum, and that no provision of the Scottish Government’s proposed legislation on the matter fell outside of that competence.The Lord Ordinary had refused to make these declarators on the groundsthat they were “hypothetical, academic and premature”.
AB - In Keatings v Advocate General, the pursuer sought to appeal the decision of the Lord Ordinary (Lady Carmichael) to dismiss his action of declarator.2 The pursuer wanted two declarators to confirm that it was within the competence of the Scottish Parliament to legislate unilaterally for an independence referendum, and that no provision of the Scottish Government’s proposed legislation on the matter fell outside of that competence.The Lord Ordinary had refused to make these declarators on the groundsthat they were “hypothetical, academic and premature”.
UR - http://www.scopus.com/inward/record.url?scp=85117576588&partnerID=8YFLogxK
U2 - 10.3366/elr.2021.0719
DO - 10.3366/elr.2021.0719
M3 - Article
SN - 1364-9809
VL - 25
SP - 362
EP - 369
JO - Edinburgh Law Review
JF - Edinburgh Law Review
IS - 3
ER -