The effect of the constitutional relations between Scotland and England on their conflict of laws relations: a Scottish perspective

Hood, Kirsty Jane (2004) The effect of the constitutional relations between Scotland and England on their conflict of laws relations: a Scottish perspective. PhD thesis, University of Glasgow.

Abstract

The purpose of this thesis is to explore the effect of the changing constitutional relationship between Scotland and England on the Scottish approach to conflicts of law with an English element (i.e., competitions of jurisdiction between Scots and English courts; cases in which both Scots and English law have a claim to application; and recognition and enforcement of English court orders in Scotland).

A historical perspective is obtained by brief study of the period prior to parliamentary union. Once united in one political state, the constitutionalising of conflicts, the internalising of conflicts, and the use of international private law rules, are three ways in which conflicts of law within that state might be handled. The extent to which each of these methods has influenced the Scottish approach to intra-UK conflicts, and the effect of devolution on each, is examined. The availability to Scots courts of public policy objections in respect of English law is also investigated. The context of the Anglo-Scottish relationship changed with UK entry into the (now) European Union, and the effect of that on intra-UK conflict rules is considered.

The conclusion is that the nature of the constitutional relationship between Scotland and England impacts upon the handling in Scotland of conflicts of law with an English element. The parliamentary union may not have resulted in wide-spread constitutionalisation of conflicts, but there has been a degree of internalisation of conflicts. In general, however, the interaction of the constitutional relationship between Scotland and England and its private law consequences has permitted, indeed sometimes necessitated, the use (in certain areas) of Scottish international private law rules without differentiation between intra-UK, and international, conflicts.

• Item Type: Thesis (PhD)
• Qualification Level: Doctoral
• Subjects: K Law > KD England and Wales > KDC Scotland; K Law > KD England and Wales
• Colleges/Schools: College of Social Sciences > School of Law
• Supervisor's Name: Crawford, Dr. Elizabeth
• Date of Award: 2004
• Depositing User: Geraldine Coyle
• Unique ID: glathesis:2004-1024
• Copyright: Copyright of this thesis is held by the author.
• Date Deposited: 21 Aug 2009
• Last Modified: 18 Jul 2016 09:43
• URI: https://theses.gla.ac.uk/id/eprint/1024