Parts 2 and 3 of the Land Reform (Scotland) Act 2003: A Definitive Answer to the Scottish Land Question?

Malcolm MacDonald Combe

Research output: Contribution to journalArticlepeer-review

Abstract

This paper assesses the Scottish land question in an historical and political context, before looking at the potential tools available for reforming Scottish land law. It argues that a legislative solution was and remains the only viable route towards reform. It then provides an overview and critique of the Land Reform (Scotland) Act 2003 – the Scottish Parliament's "answer" to the land question.

As land reform is not a peculiarly Scottish issue, there is potential for comparative legal study. While comparison is not restricted to one jurisdiction, South Africa has proved to be a natural comparator, sharing a similar mixed legal system to Scotland and also having recently embarked on a wide-ranging land reform programme.
Original languageEnglish
Pages (from-to)195-227
Number of pages32
JournalJuridical Review
Volume2006
Issue number3
Publication statusPublished - 2006

Keywords

  • land reform
  • Land Reform (Scotland) Act 2003
  • Property

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