Public Law Declarators, the Jurisdiction of the Court, and Scottish Independence: Keatings v Advocate General

Robert Taylor* (Corresponding Author)

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

Abstract

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”.

Original languageEnglish
Pages (from-to)362-369
Number of pages7
JournalEdinburgh Law Review
Volume25
Issue number3
Early online date20 Sep 2021
DOIs
Publication statusE-pub ahead of print - 20 Sep 2021

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