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Law Making and the Scottish Parliament

The Early Years

Edited by Elaine E. Sutherland, Kay E. Goodall, Gavin F.M. Little, Fraser P. Davidson

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The first wide-ranging critical analysis of law and policy legislative developments after the Scottish devolution settlement

Law Making and the Scottish Parliament covers the period from 1999 to 2009. It begins with a brief account of the devolution settlement and summarises the themes emerging from the subsequent chapters.

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Part I: The Scottish Parliament – its genesis and operation
1. Law Making and the Scottish Parliament: The Early Years in Context, The Editors
2. A Parliament that is different? The Law Making Process in the Scottish Parliament, Professor Alan Page
Part II: Rights and society
3. Human Rights and People and Society, Aidan O’Neill, QC
4. Child and Family Law: Progress and Pusillanimity, Professor Elaine E. Sutherland
5. Culture, Dr Robert Dunbar
6. Charitiy Law: An Issue of Choice, Stuart Cross
Part III: Public administration and services
7. Local Government, Professor Francis McManus
8. Housing, Professor Peter Robson
9. Education: Could Do Better, Janys M. Scott, Q.C.
Part IV: Justice and Legal System
10. The Reform of the Scottish Judiciary, Professor Gavin F.M. Little
11. Criminal Law and Criminal Justice: An Exercise in Ad Hocery?, Professor Pamela R. Ferguson
12. Juvenile Offending: Welfare or Toughness, Dr. Claire McDiarmid
13. Evidence, Professor Fraser P. Davidson
Part V: Economy and Environment
14. Property Law: How the World Changed at Martinmas, Professor Robert Rennie
15. Business, David Cabrelli
16. Environment and Sustainable Development, Professor Colin T. Reid
17. Transport, Ann Faulds and Trudi Craggs.

About the Author

Elaine E. Sutherland is Professor of Child & Family Law at the University of Stirling. She began her academic career in law at the University of Edinburgh, later moving to the University of Glasgow. She joined the Law School at Stirling University in 2006 as Professor of Child and Family Law and has been a Professor of Law at Lewis and Clark Law School, Portland, Oregon since 1999. She has written extensively on child and family law in Scotland and abroad.

Kay Goodall is Reader in Law at Stirling Law School. She came to Stirling from the University of Glasgow in 2007, having taught at Glasgow since 1998. Her research focuses on conceptualising discrimination in criminal and civil law.

Gavin Little is Head of Division of Law and Philosophy and Head of the Stirling Law School, and Professor of Public Law at the University of Stirling. He is an editor and contributing author to Law Making and the Scottish Parliament: The Early Years, E, Sutherland, K Goodall, G Little and F Davidson (eds), Edinburgh University Press, Edinburgh, 2011. From the APF Professor Little’s main areas of interest are environmental law and regulation; public law; perspectives on legal scholarship; and legal history. His approach is broadly socio-legal, and he has a particular interest in exploring law in cross-disciplinary contexts. A key theme in his work is the integration of legal/regulatory analysis with politics, public administration, science, history, and culture, and he has published in these areas in journals such as the Modern Law Review, the Journal of Law and Society and Legal Studies.

Fraser Davidson joined Stirling Law School in 2005 having previously been Head of the School of Law and Alexander Stone Professor of Commercial Law in the University of Glasgow.


The overall thesis of the collection is that although the Scottish Parliament has been unexpectedly industrious, the reforms it has made (with some notable exceptions) have been fairly modest. This theme is thoroughly explored in the essays, making it a valuable critique of Holyrood's first decade. Due to the breadth of subject matter covered, this book could be of benefit to students, academics and practitioners in all fields. Further, given the helpful and detailed background information set out by the editors and the admirable clarity of presentation, this work is equally accessible to interested non-lawyers.
- Shona Wilson, University of Cambridge, The Edinburgh Law Review

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