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.
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 language | English |
---|---|
Pages (from-to) | 195-227 |
Number of pages | 32 |
Journal | Juridical Review |
Volume | 2006 |
Issue number | 3 |
Publication status | Published - 2006 |
Keywords
- land reform
- Land Reform (Scotland) Act 2003
- Property