The Continuation of Politics in the Courtroom: Scotland and Strategic Litigation

Abstract

In 2018 and 2019, two bombshell judgements were handed down by Scottish courts, in the Wightman reference and Cherry/Miller 2 case. Both have raised the question of the attitude of Scottish judges in the context of Brexit. Could this be a sign of a future change of attitude, in particular if an independence referendum should throw up new constitutional and legal issues in Scotland?

Keywords

• Scotland
• independence
• devolution
• Brexit
• judicial activism
• legal nationalism