Aileen McHarg

Durham University
Professor of Public Law and Human Rights


Aileen joined Durham University in September 2019, having previously worked at Strathclyde, Glasgow and Bristol universities.  Her expertise lies is UK and Scottish constitutional and administrative law, as well as in energy regulation. She is particularly interested in devolution and the future of the territorial constitution, as well as the various legal and constitutional challenges arising from Brexit. Amongst other things, she is a member of the Law Society of Scotland’s Constitutional Law Sub-Committee; co-chair of the British-Irish Chapter of the International Society of Public Law; a member of the Scottish Government’s Expert Panel on Environmental Charges and Other Measures; and a member of the Academic Advisory Group to the International Bar Association’s Section on Energy, Environment, Infrastructure and Resources Law.

Posts by this author

Traffic lights with arrows facing different directions

Securing Scotland’s independence: Moving beyond process?

Aileen McHarg, Professor of Public Law and Human Rights, discusses the paths to independence for Scotland following the First Minister's statement earlier this week, including a new 'plan C' - the next UK general election.

The defence of parliamentary democracy

Aileen McHarg, Professor of Public Law and Human Rights at Durham University responds to the judgement, arguing that the ruling marks a comprehensive defeat for the government and a defence, by the court, of the principles of parliamentary democracy.
High Court of Justiciary and Court of Session

Devolution at Twenty: Embedding a New Constitutional Paradigm

As the Scottish Parliament returns from recess, Aileen McHarg of Durham University analyses the constitutional logic of Scottish devolution. This is a contribution to the series on twenty years of devolution.
supreme court

The Scottish Continuity Bill Reference

Aileen McHarg looks at last week’s decision by the Supreme Court in the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill reference which demonstrates both the strength and the weakness of Holyrood as a legislature.
EU Flag and Convention

EU Referendum Debate Asks Who we Most Trust to Protect Human Rights

The EU Referendum asks voters to confront whether they trust EU or UK courts, politicians or judges more when it comes to the protection of human rights, says Prof Aileen McHarg.
SNP numbers at Westminster

The Constitutional Implications of the Rise of the SNP

Aileen McHarg looks at how the phenomenal rise of the Scottish National Party (SNP) in the wake of last year’s independence referendum has been the story of an otherwise lacklustre general election campaign.