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The Scottish Law Commission: Promoting Law Reform in Scotland

Published online by Cambridge University Press:  10 March 2009

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Abstract

Nick Brotchie, Librarian of the Scottish Law Commission, provides a history of law reform initiatives in Scotland, traces the evolution of the Scottish Law Commission and explains the process of law reform in Scotland.

Keywords

Law reformScotlandScottish Law Commission
Type
Articles
Information
Legal Information Management , Volume 9 , Issue 1 , March 2009 , pp. 30 - 34
Copyright
Copyright © The British and Irish Association of Law Librarians 2009

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References

Footnotes

1 1965 ch 22

2 The Law Commission [of England and Wales], created under the same Act, was arguably even more handicapped in this respect

3 G Sawer, ‘The legal theory of law reform’ (1970) 20 University of Toronto Law Review, 183 (emphasis in original)

4 Of persons to be chosen to examine the buikis of Law and reform them, [or, Statute Law Revision Act] 1425, ch 54 (Laws and Acts of Parliament, made by King James the First and his Successors. Edinburgh, 1597)

5 Ratified by the Scottish and English Parliaments in 1707

6 Gerald Gardiner and Andrew Martin (eds) ‘Law reform now’ (Victor Gollancz, 1963)

7 Cmnd 2573

8 Lord Hope of Craighead, ‘Do we still need a Scottish Law Commission?’ (2006) 10 Edinburgh Law Review, 10

9 (1968) Scots Law Times, News, 2

10 Professor D M Walker, ‘The Scottish Law Commission Under Review’ (1987) Statute Law Review,115

11 See the recent analysis presented by Sir Terence Etherton, Chairman of the Law Commission: ‘Law reform in England and Wales: a shattered dream or triumph of political vision?’ (2008) 10 European Journal of Law Reform,135

12 HC Hansard 25 March 2008 col 36 (http://www.publications.parliament.uk/pa/cm200708/cmhansrd/cm080325/debtext/80325-0006.htm)

13 See: The governance of Britain: constitutional renewal (Cm 7342) http://www.justice.gov.uk/whatwedo/constitutional-renewal.htm

14 “The Government continues to work on the proposals in the draft bill with a view to introducing a bill when time allows” (http://www.number10.gov.uk/Page17681)

15 Thirty-fourth annual report (Scot Law Com No 179)

16 Adults with Incapacity (Scotland) Act 2000, asp 4

17 Abolition of Feudal Tenure etc (Scotland) Act 2000, asp 5

18 Scot Law Com Nos 151, 168

19 Scot Law Com No 198

20 By contrast the Chairman of the Law Commission of England & Wales is required by statute to be a judge of the High Court or of the Court of Appeal (see the Tribunals, Courts and Enforcement Act 2007, ch 15)

21 Albeit a “nondescript office” according to the Scotsman, 14 October 2008

22 Information matters: building government's capability in managing knowledge and information (Knowledge Council, 2008) http://gkimn.nationalarchives.gov.uk/news/story5.htm

23 The closing down of the Canadian Law Commission in 2006 provides a salutary example of impermanence

24 Professor Victor Tadros, review of ‘Criminal Defences’ by James Chalmers and Fiona Leverick, 2008 SCOLAG Legal Journal 230