An Oasis

UK Supreme Court Illegal?

The Herald says that the British Supreme Court proposal is illegal. They report that Scotland's Faculty of Advocates (which represent the 465 advocates with rights of audience in high courts) believe the proposal to be unconstitutional and unlawful. This comes less than a week after 6 Law Lords opposed UK Supreme Court proposals, though for mostly wider and less important reasons. The nub of the issue seems to be that if the Court is run by the Department for Constitutional Affairs then it would be part of the English Court system and the Treaty of Union (and subsequent Acts of Union) between Scotland and England "entrenched" the judicial independence of Scottish Courts.

Posted by Paul at November 11, 2003 02:59 PM |