Human Rights in Transition: The Proposed Interim Constitution for Scotland

Reports & Briefings
Stephen Tierney
The framework for human rights protection contained in the Scottish Government’s recent  publication, the Scottish Independence Bill: A Consultation on an Interim Constitution for Scotland (see Boyle, Tierney and McHarg) is notable in promising a more robust form of legal protection for fundamental rights (what we might call a ‘rights affirmative’ constitutional arrangement) at a time when the prevailing mood in Whitehall is for a restriction in the role of the courts.