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Email

sw590@cam.ac.uk

College Contact Details

Room: B20

Tel: 01223 (3)38976

University Associate Professor; Mary Arden Official Fellow in Law

LLB(Hons), LLM, DipLP (Aberd); PhD (Cantab);Solicitor (non-practising) and Notary Public (Scotland)

Interests

Law reform, constitutional law, administrative law, human rights

Research centres and interest groups

Selected publications

 

Books

The Frontiers of Public Law (ed), 2020)

Co-editor(s):
Jason NE Varuhas
Publisher:
ISBN 13:
9781509930371

The Unity of Public Law? Doctrinal, Theoretical and Comparative Perspectives (with Mark Elliott and Jason Varuhas) (eds), 2018)

Co-Author/s:
Mark Elliott and Jason Varuhas
Publisher:
ISBN 13:
9781509915194

Fifty Years of the Law Commissions: The Dynamics of Law Reform (with Matthew Dyson, James Lee) (eds), 2016)

Co-Author/s:
Matthew Dyson, James Lee
Publisher:
ISBN 13:
9781849468572

The Work of the British Law Commissions: Law Reform... Now?, 2017)

Articles

"How (Not) to Break Up: Constituent Power and Alternative Pathways to Scottish Independence" (2024) 44 OJLS 1-27

Co-Author/s:
Raffael Fasel
Citation:
(2024) 44 OJLS 1-27
DOI:
https://doi.org/10.17863/CAM.101910

"Deprivations of Liberty: Beyond the Paradigm" [2019] Public Law 380-401

Citation:
[2019] Public Law 380-401

"The Legal Holy Grail? German Lessons on Codification for a Fragmented Britain" (2018) 22 Edinburgh Law Review 183-210

Co-Author/s:
Julia Bargenda
Citation:
(2018) 22 Edinburgh Law Review 183-210

"HLA Hart's Secondary Rules: What Do "Officials" Really Think?" (2018) 14 International Journal of Law in Context 61-86

Co-Author/s:
David Howarth
Citation:
(2018) 14 International Journal of Law in Context 61-86

"Facing Facts: Judicial Approaches to Section 4 of the Human Rights Act 1998" (2017) 133 Law Quarterly Review 631-655

Citation:
(2017) 133 Law Quarterly Review 631-655

"Law Reform in Northern Ireland: Cheshire Cat or Potemkin Commission?" [2016] Public Law 651-669

Co-Author/s:
Neil Faris
Citation:
[2016] Public Law 651-669

"The Longer you can Look Back, the Further you can Look Forward: The Origins of the Scottish Law Commission" (2014) 18 Edinburgh Law Review 59-83

Citation:
(2014) 18 Edinburgh Law Review 59-83

"Judicial Diversity: Where Do We Go From Here?" (2013) 2(1) Cambridge Journal of International and Comparative Law 7-15

Citation:
(2013) 2(1) Cambridge Journal of International and Comparative Law 7-15

"Reforming the Law (Commission): A Crisis of Identity?" [2013] Public Law 20-29

Citation:
[2013] Public Law 20-29

"Thematic Analysis: Criminal Evidence and Procedure" (2012) 1(2) Cambridge Journal of International and Comparative Law 66-73

Co-Author/s:
Z. Prodromou
Citation:
(2012) 1(2) Cambridge Journal of International and Comparative Law 66-73

"Prescription and Limitation of Actions in Scotland and England in Relation to Disputes in Construction Contracts" (2011) 15 Edinburgh Law Review 122-128

Citation:
(2011) 15 Edinburgh Law Review 122-128

"Experts and Arbiters: Ne'er the Twain Shall Meet?" 2008 Juridical Review 273-289

Co-Author/s:
A. McMillan
Citation:
2008 Juridical Review 273-289

Book Chapters

"Non-fettering, Legitimate Expectations and Consistency of Policy: Separate Compartments or Single Principle?", The Frontiers of Public Law, 2020), pp. 443-469

Publisher:
Pages:
443-469

"Introduction (with Jason NE Varuhas)" (with Jason NE Varuhas), The Frontiers of Public Law, 2020), pp. 1-15

Publisher:
Pages:
1-15

"Introduction (with Mark Elliott and Jason Varuhas)" (with Mark Elliott and Jason Varuhas), The Unity of Public Law? Doctrinal, Theoretical and Comparative Perspectives, 2018), pp. 1-13

"Promoting Law Reform: By Means of Draft Bills or Otherwise", Fifty Years of the Law Commissions: The Dynamics of Law Reform, 2016)

"Introduction (with Matthew Dyson and James Lee)" (with Matthew Dyson and James Lee), Fifty Years of the Law Commissions: The Dynamics of Law Reform, 2016)

"The Process of Criminal Evidence Law Reform in Scotland: What Can We Learn? (with James Chalmers and Fiona Leverick)" (with James Chalmers and Fiona Leverick), Scottish Criminal Evidence Law: Current Developments and Future Trends, 2017), pp. 194-223

Pages:
194-223
ISBN 13:
978 1 4744 1476 0

Book Reviews

M. Tugendhat, Liberty Intact: Human Rights in English Law (2018) 77 Cambridge Law Journal 408-411

J. Finlay, The Community of the College of Justice: Edinburgh and the Court of Session, 1687-1808 (2013) 72 Cambridge Law Journal 448-451

J. Horder, Homicide and the Politics of Law Reform (2013) 72 Cambridge Law Journal 221-224

E.E. Sutherland et al (eds.), Law Making and the Scottish Parliament: The Early Years (2012) 16 Edinburgh Law Review 289-291

Case Notes

"Northern Ireland's Abortion Legislation: Procedural and Substantive Confusion over Declarations of Incompatibility" (2018) 77 CLJ 8-11

"Suspicion-less Minds: Anti-Terrorism Powers at Ports and Borders" (2016) 75 Cambridge Law Journal 8-11

Blog Posts

Conference Papers

"Section 4 of the Human Rights Act 1998: Still Standing, or Standing Still?" (SLS Annual Seminar, the Human Rights Act after 22 Years (London, November 2022))

Conference:
SLS Annual Seminar, the Human Rights Act after 22 Years (London, November 2022)

"Individuality and Consistency in Public Law" (Fellows' Research Evening, Girton College, University of Cambridge)

Conference:
Fellows' Research Evening, Girton College, University of Cambridge

"Non-Fettering, Legitimate Expectations and Consistency of Policy: Separate Compartments or Single Principle?" (Centre for Public Law Seminar, University of Cambridge)

Conference:
Centre for Public Law Seminar, University of Cambridge

"Separate Compartments or Single Principle? Non-fettering, Consistency of Policy and Legitimate Expectations" (The Frontiers of Public Law, Third Biennial Public Law Conference, Melbourne Law School)

Conference:
The Frontiers of Public Law, Third Biennial Public Law Conference, Melbourne Law School

"Law Reform Commissions in the Common Law World" (Max Planck Institute for European Legal History, Frankfurt)

Co-Author/s:
Julia Bargenda
Conference:
Max Planck Institute for European Legal History, Frankfurt

"Another Fine Mess: Article 5 of the ECHR" (Society of Legal Scholars Annual Conference, Dublin)

Conference:
Society of Legal Scholars Annual Conference, Dublin

"HLA Hart's Secondary Rules: What Do "Officials" Really Think?" (Faculty of Law, University of Bergen )

Co-Author/s:
David Howarth
Conference:
Faculty of Law, University of Bergen

"Facing Facts: Judicial Approaches to Section 4 of the Human Rights Act 1998" (Society of Legal Scholars Annual Conference, Oxford)

Conference:
Society of Legal Scholars Annual Conference, Oxford

"Criminal Evidence Reform in Scotland" (Royal Society of Edinburgh Evidence Workshop, Glasgow)

Co-Author/s:
James Chalmers and Fiona Leverick
Conference:
Royal Society of Edinburgh Evidence Workshop, Glasgow

"To take and keep under review all the law: the Law Commissions' exercise of discretion" (Glasgow Forum for Scots Law, University of Glasgow)

Conference:
Glasgow Forum for Scots Law, University of Glasgow

"Promoting Law Reform: by Means of Draft Bills or Otherwise" (Fifty Years of the Law Commissions: The Dynamics of Law Reform Now, Then and Next, An International Conference at the UK Supreme Court, London)

Conference:
Fifty Years of the Law Commissions: The Dynamics of Law Reform Now, Then and Next, An International Conference at the UK Supreme Court, London

"The Reality of the British Constitution" (Constitution Society, Constitution Unit and UK Constitutional Law Association conference, "Approaching the tipping point? The UK Constitution and the 2015 General Election", with David Howarth)

Co-Author/s:
David Howarth
Conference:
Constitution Society, Constitution Unit and UK Constitutional Law Association conference, "Approaching the tipping point? The UK Constitution and the 2015 General Election", with David Howarth

"The Law Commissions and Law Reform" (Centre For Public Law Seminar, Faculty of Law, University of Cambridge)

Conference:
Centre For Public Law Seminar, Faculty of Law, University of Cambridge

"The Law Commissions and Law Reform" (Society of Legal Scholars Annual Conference, Edinburgh)

Conference:
Society of Legal Scholars Annual Conference, Edinburgh

"Fifty Years of the British Law Commissions: Work in Progress" (Paper presented to the Law Commission)

Conference:
Paper presented to the Law Commission

"Promoting Law Reform: An Examination of the Scottish Law Commission" (University of Edinburgh, Scots Law Research Conference)

Conference:
University of Edinburgh, Scots Law Research Conference

"An Examination of the Scottish Law Commission: Work in Progress" (Paper presented to the Scottish Law Commission)

Conference:
Paper presented to the Scottish Law Commission

"Law Reform ... Now? Fifty Years of the British Law Commissions" (Girton College Graduate Research Seminar)

Conference:
Girton College Graduate Research Seminar