Summary
LAWS08123 Public Law of UK and Scotland Summary Notes Week 4 Lecture
- Module
- LAWS08123
- Institution
- The University Of Edinburgh (ED)
LAWS08123 Public Law of UK and Scotland Summary Notes Week 4 Lecture
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Public Law of UK and Scotland Lecture NotesWeek 4 Lecture 1
The Composition of the Scottish Parliament
It was established b the Scotland Act 1998. See s1(1): There shall be a Scottish
Parliament.
It is a parliament with restricted competence
ASP can be judicially reviewed on a number of grounds. See the AXA case. This is of
course in contrast to the Westminster parliament.
There is a territorial distinction between the parliaments.
The Scottish Parliament is unicameral and has 129 members
59 Scottish MPs are in Westminster.
The House of Commons in Westminster uses the first passed the post system, so whoever
has the most votes wins.
In Scotland there is the additional member system.
o 73 are elected through the first passed the post system
o 59 are elected through lists and then distributed percentage wise.
o The detailed system is set out in s. 5-12
The Crown is not part of the Scottish Parliament, still the Queen has some ceremonial
powers see sections: 2,3 and 28
Sections 2 and 3 set out the formal requirements of the election date. If the date is
changed, then the Queen has to proclaim that.
The presiding offer, not the first minister, makes recommendations to the crown.
The requirement for royal asset is set out in section 28
Ordinary general elections are held on the 1st Thursday of May every 4 years. It can be
changed to one month before or after the recommended date, if special circumstances
arrive.
These special circumstances are:
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