Title

Crime fighters and border guards: The Scottish law officers in comparative perspective

Date of this Version

12-1-2011

Document Type

Journal Article

Publication Details

Published version

Field, I. (2011). Crime fighters and border guards: The Scottish law officers in comparative perspective. Bond Law Review, 23 (2), 26-47.

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2011 HERDC submission. FoR code: 180120, 180106, 180108

© Copyright Faculty of Law, Bond University and the author, 2011

ISSN

1033-4505

Abstract

This article examines two ways in which the law officer role in Scotland has been affected by this ‘new constitutional wave’, and draws comparisons with the role of law officers in Australia and, where appropriate, other UK jurisdictions. The first is by virtue of s 57 of the Scotland Act 1998 (the ‘Scotland Act’), which has exposed the ‘acts of the Lord Advocate’ to judicial scrutiny and the requirements of the HRA and the ECHR. The second arises as a more general consequence of devolution, which imposes upon the Scottish Law Officers new functions with respect to the legislative and executive boundaries created by that process. These functions are comparable, in many respects, with the functions performed by law officers (and in particular Solicitors-General) in Australia.

 

This document has been peer reviewed.