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Holyrood 'Harmed Scots Law' - Sectarian Legislation


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http://www.bbc.co.uk/news/uk-scotland-glasgow-west-19416261

 

Mr Bonnington writes: "From the Union of 1707 until the present day, Scots law has managed to continue to exist, and sometimes even thrive, as an independent legal system within the UK.

 

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Holyrood has done more harm to Scots law than Westminster managed in over 300 years�

 

Alistair Bonnington

Former law professor, Glasgow University

"It is one of the main things which has made Scotland different. Indeed, without Scots law, the claim to have distinct nation status would be absurd."

 

He continued: "It is a paradox and a tragedy that since 1999 huge damage has been done to it by the Scottish Parliament.

 

"Sadly it is not going too far to say that Holyrood has done more harm to Scots law than Westminster managed in over 300 years."

 

He is particularly critical of MSPs passing legislation to make criminal offences which have been illegal under Common Law since the Middle Ages.

 

Examples are the recent enactment of sectarian aggravation of breach of the peace and anti-stalking legislation.

 

"The approach of the Scottish Parliament often seems to be to legislate in accordance with the agenda of tabloid newspapers," he said.

 

"This, instead of creating laws for public benefit."

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