![]() ![]() Both cases bore ground-breaking implications and were first filed in Scotland. ![]() Ģ The notion of continuing politics in the courtroom with the strategic choice of Scotland as the fighting pit emerged with two recent cases: Wightman and others before the Court of Justice of the European Union (CJEU) in December 2018 and Cherry / Miller 2 before the Supreme Court of the United Kingdom (UKSC) in October 2019. 1 However, just like the petitioners in the MacCormick case stressed that they were making a constitutional point but meant no disrespect to the Queen, Scottish judges have always adhered to an unobtrusive judicial restraint, keeping a neutral stance on politically loaded legal issues 2. 2 Judicial restraint is defined by Britannica as a principle that “urges judges to refrain from decid (.)ġ Any law student in the UK (certainly any in Scotland) can quote the famous lines from MacCormick v Lord Advocate (1953), the epitome of a meaningful obiter dictum, with far greater import than things said just in passing.In this case, nationalists John MacCormick and Ian Hamilton brought an action aga (.) ![]()
0 Comments
Leave a Reply. |