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Settlers v. Natives

Stephen Sedley, 8 March 2001

Questioning Sovereignty: Law, State and Nation in the European Commonwealth 
by Neil MacCormick.
Oxford, 210 pp., £40, October 2000, 0 19 826876 9
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Waitangi and Indigenous Rights: Revolution, Law and Legitimation 
by F.M. Brookfield.
Auckland, 253 pp., NZ $39.95, November 1999, 1 86940 184 0
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... the Platonic dream: the state which actually decides to part with some of its sovereign powers. Neil MacCormick, a distinguished constitutional theorist and a prominent Scottish nationalist, advances a theoretical and political case for a redistribution of sovereignty which would anchor Scotland politically to Western Europe. F.M. Brookfield, a New ...

New Unions for Old

Colin Kidd, 4 March 2021

The Case for Scottish Independence: A History of Nationalist Thought in Modern Scotland 
by Ben Jackson.
Cambridge, 210 pp., £18.99, September 2020, 978 1 108 79318 6
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Standing up for Scotland: Nationalist Unionism and Scottish Party Politics, 1884-2014 
by David Torrance.
Edinburgh, 258 pp., £80, May 2020, 978 1 4744 4781 2
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... deficit’ under the pre-devolution Westminster system. The academic jurist and political theorist Neil MacCormick – son of John MacCormick, the founding father of Scottish nationalist politics – began to explore the limits of sovereignty in an era of international organisations, intergovernmental blocs, regional ...

What security is there against arbitrary government?

John Gardner: Securitania, 9 March 2006

Rhetoric and the Rule of Law: A Theory of Legal Reasoning 
by Neil MacCormick.
Oxford, 287 pp., £40, July 2005, 0 19 826878 5
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... through the ideology of lawyers, as an obstacle to the pursuit of progressive social policies. Neil MacCormick’s Rhetoric and the Rule of Law: A Theory of Legal Reasoning aims to moderate both poles in this debate: to temper the lawyer’s enthusiasm for legal certainty, while insisting on the very great importance of the rule of law as an ideal ...

A British Bundesrat?

Colin Kidd: Scotland and the Constitution, 17 April 2014

... restatement of Diceyan orthodoxy to take account of the brute fact of Union was the work of Sir Neil MacCormick, a leading figure in the SNP until his death in 2009. MacCormick sat in the European Parliament, held the Regius Chair of Public Law at the University of Edinburgh, and, unsurprisingly, was a valued counsel ...

The End of Labour?

Colin Kidd, 8 March 2012

... all, the SNP’s leaders are sufficiently well versed in the jurisprudence of their late colleague Neil MacCormick, the professor of public law at Edinburgh and another gradualist, to perceive the ‘post-sovereignty’ parameters of 21st-century interdependence. But did Cameron really blunder? Probably, insofar as he takes seriously his responsibilities ...

Where are we now?

LRB Contributors: Responses to the Referendum, 14 July 2016

... of the SNP – inspired by the party’s in-house legal philosopher, the late Neil MacCormick – had come to embrace interdependence and shared sovereignty. The Anglo-Scottish Union is on life support, and I can see only one way to preserve it: what might be called the ‘reverse Greenland’ solution. Greenland is a self-governing ...

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