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1 results

  • 6 - A British Common Law?

  • Edited by David Capper, Queen's University Belfast, Conor McCormick, Queen's University Belfast, Norma Dawson, Queen's University Belfast
  • Book:
    Law and Constitutional Change
    Published online:
    26 September 2025
    Print publication:
    16 October 2025, pp 98-121
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  • Summary

    This chapter explores the impact of the 1707 Union between England and Scotland on the public law of both nations, specifically the extent to which the Acts of Union can be seen to have unified the public law of the newly created Kingdom of Great Britain by extending English law to Scotland. In so doing, this chapter presents a new and original hypothesis of the Acts of Union which provides a more coherent understanding of the post-Union constitution and the role of English and Scots public law therein. It shows that the Acts of Union, by necessary implication of the creation of Britain-wide institutions, unified public law throughout England and Scotland in relation to those institutions, thus creating a new but partial body of British common law. In other areas of public law, variation between England and Scotland remains possible.