Official histories of parliament and the nature of the union of 1707:a forgotten episode in Anglo-Scottish academic relations

The Scottish Committee on the History of Parliament was established in 1936 as an offshoot of Col. Josiah Wedgwood's scheme for a collaborative ‘history of parliament’ researched and written on biographical lines. Circumstances, however, determined that the Scottish history would take a separate path. When Wedgwood's scheme was revived in 1951 an unsuccessful attempt was made to reintegrate the two projects. Discussions between the respective managing committees were conflicted and often bad-tempered, focussing on different interpretations of the nature of the united parliament created in 1707. The Scottish committee insisted that it was a new constitutional entity, while the English saw it as a continuation of the Westminster parliament with Scottish MPs added. This story of mutual incomprehension illustrates the profound differences between Scottish and English academics in the writing of parliamentary history, and also reveals a hitherto unobserved element in the development among leading Scottish jurists of a strain of ‘legal nationalism’ based on their interpretation of the constitutional significance of the Union.

Procedural Justice in International Criminal Courts: Assessing Civil Parties’ Perceptions of Justice at the Extraordinary Chambers in the Courts of Cambodia

Procedural justice advocates argue that fair procedures in decision making processes can increase participant satisfaction with legal institutions. Little critical work has been done however to explore the power of such claims in the context of mass violence and international criminal justice. This article critically examines some of the key claims of procedural justice by exploring the perceptions of justice held by victims participating as Civil Parties in the Extraordinary Chambers in the Courts of Cambodia (ECCC). The ECCC has created one of the most inclusive and extensive victim participation regimes within international criminal law. It therefore provides a unique case study to examine some of claims of ‘victim-centred’ transitional justice through a procedural justice lens. It finds that while procedural justice influenced civil parties’ overall perceptions of the Court, outcomes remained of primary importance. It concludes by analysing the possible reasons for this prioritisation.

Witness Anonymity at the International Criminal Court: Due Process for Defendants, Witnesses or Both?

The question of how far and in what way to extend protection to witnesses in trials has manifested itself in institutions as diverse as the European Court of Human Rights (ECHR), the Committee of the International Covenant on Civil and Political Rights (ICCPR), the ad hoc criminal tribunals (International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone), and most recently the International Criminal Court (ICC). This is not surprising; as David Lusty has pointed out in his seminal analysis of the use of anonymous accusers, the question has arisen in almost every legal deliberative body for the past two thousand years.

‘Article 16’ Provision, Commentary on the Law of the International Criminal Court

The Commentary on the Law of the International Criminal Court provides an online provision-by-provision analysis of the Rome Statute and the Rules of Procedure and Evidence of the International Criminal Court.