Law Society - General Interest threadWatch
~Yay! i can join the law society now! i'm going to be starting in 2 weeks at Uni of NSW in Sydney doing Commerce/Law
It is actually pertains to the 1707 Act of Union, which protects the independence of the Scottish court system - the 1707 act states that no Scottish case can be heard in an English court. (ie. any court exercising jurisdiction in Scotland cannot be part of the courts of England and Wales. The problem lies where the are establishing a "UK" Supreme Court) Although since the Act of Union Westminister has been sovereign, Scotland is completely judicially independant. (When a Scottish civil appeal case is held in the House of Lords it is considered a Scottish court. There is no Scots Law criminal appeal to the HoL.)
It's a constitutional minefield, really. The Act of Union is considered "entrenched" so therefore is not subject to being ammended. The Faculty of Advocates predict that if the reforms go ahead as planned, any Scottish appeals presided over by a UK Supreme Court could be thrown out.
I hope I explained that clearly enough
Then again, I argue that some parts of devolution are plain wrong. Why can't they just dump the MPs whose constituencies lie within Scotland, and plonk them in your devolved body? Why should Scottish MPs be able to legislate on England and Wales when it does not concern you?
So much for this 'union'
Certainly, any law made in Parliament today can be repealed by the next government that comes along. The rub with the Act of Union is that it is considered entrenched, so although that technically cannot be repealed (although according to one of Dicey's tennants a government cannot bind its successor so I'm sure someone could try.) the law which enacts a UK Supreme Court certainlly could. (yes, highly impractical, etc etc but the possibility is there.) Is this what you meant by your question ?
And yes, I see your practical implications... if this is challenged after the establishment of the Supreme Court, any appeal would go to... well, the Supreme Court ! And by application of the Faculty of Advocates' logic then any decision on it wouldn't stand ! It's like going round in circles.
Personally, I think the present system is just fine and I really don't see the need for a Supreme Court and all the upheaval it would surely bring with it. What's your overall opinion ?
Yes, the old devolution chestnut. I absoltely think that Scottish MPs are required in Westminister. Afterall, this is the sovereign body, therefore we should have a voice in it. Not to mention all the reserved matters that affect Scotland. As for the West Lothian question... I've never came up with an answer that I've been entirely satisfied with, except that perhaps Scottish MPs shouldn't be able to vote on matters that don't affect Scotland. (Although it is plain to see in practise that this doesn't happen - top up fees, anyone ?! My MP was one of the Scottish ones to vote with Blair on that one. Although I guess English top up fees have an indirect affect on Scotland... still I don't think it was necessary.)
So yes, so much for the "union" !
Thank you for jogging my memory of all the wonderful Public Law I took in last year ! Heehee !
Government's don't repeal legislation themselves, they may introduce legislation for Parliament to do so later on.
Scottish MPs can have a voice at Westminster when it affects the country as a whole when appropriate. Such instances will involve going to war, not matters that concern Welsh and English students. Blair would want to have relied on Scottish MPs for the Higher Education Bill because if he didn't, he was bound to be defeated at the Commons. As it was, with the Scottish MPs he only won by 5 votes on the issue of variable top up fees, despite his 163 majority (I think it is).
I was enjoying a friendly debate but to be honest, I found that last post to be rather patronising.
I found that last post to be rather patronising.
I'd like to join the Law Society.1st year Business and Law student at Liverpool Uni.
Please can I join? because I'm really interested in Law and want to study it at uni so i think it would be really useful.
i done AS law and i loved it i didnt think any of it was bland. i cant wait to go 2 uni n study law p.s anyone planning on going to do law at liverpool john moores university??
Il join please!
can i join
are there any uni law students online atm? id like a little help with something, wont take more than 5 mins
Law student here...online till 12.