24 December 2011

♫ Noël nouvelet! ♫

Fastidious sprites polishing holly-berries, the frosty carcasses of Grinches buried in snowdrifts; Scrooges redeemed, Marleys damned; strain-eyed shoppers haunted by commercial spectres and the demanding voices of their children; glistering grub, bubbling beakers from the north-east of France; bubblyjocks throttled and blushing robins rouged up for their annual performances; gin o'clock striking at noon. 'Tis the season! Christmas is upon us! An apt moment then for me to suspend all peat worrying for a few days, hang up my oxter-flaughter, abandon my bothy for a warmer and more convivial berth, pluck the Tom Weir bobble-hat from my brow, and sink into jovial relaxation.  

Also, it seems a fine hour to say a wee word or two about the past twelve months.  2011 has been a interesting year for the blog, with a Holyrood election to contend with, agitating for my party, critiquing our opponents - and subsequently trying to unpick the whys and wherefores of the SNP's triumph, and what it might or might not presage for independence. Notable too, my sheep-trail-blazing association with Ecclefechan Mackay and the north west's organ of record, the Kinlochbervie Chronicle.  To focus on what I see as my core utility as a blogger, 2011 has also been a year of trying to deal with the slew of interesting Scottish legal-and-political stories in an intelligible and informative way, whether on the UK Supreme Court's judgments on the legality of Holyrood's legislation on pleural plaques, to Cadder and Fraser and the subsequent political rumpus these decisions caused. Elsewhere, the SNP majority in the Scottish Parliament has prompted long-deferred questions about the legality of proposed Holyrood's referendum on Scottish independence finally to be posed in the mainstream media. Otherwise, probably the profoundest politico-legal controversy over the last six months has concerned the SNP's illiberal and misconceived Offensive Behaviour at Football (etc) Act.

For the future, pregnant questions include, what will come of Carloway's Review? Is Scotland's distinctive corroboration rule counting down the hours to its abolition? Having passed its Football Act, how will procurators fiscal and police use the very extensive powers it gives them? Will we see an increase in the number of football banning orders granted, given the named-offences and the heightened political atmosphere? In the high-end judicial line, with Lord Reed taking up Lord Rodger's vacant chair as a justice of the UK Supreme Court, who will be appointed to replace Lord Hamilton as the Lord President of the Court of Session?  Interesting times, by any measure. There has also been the novelty of dewigging myself live on telly and shedding my-long-standing pseudonymity. Perhaps the most amusing consequence of this new and discombobulating experience was being described as a "boffin" by the academically discerning folk of the Daily Star

The main reason I blog is because of the pleasure it brings me: the scribbling, the argument, hopefully contributing something otherwise absent from the Scottish public sphere. And I've exceedingly enjoyed the past year. I hope you all have too. So to my regular and irregular readers, to folk who've taken the time to comment and to blisteringly critique the propositions I've advanced here over the past twelve months, and to those who've kept mum, nodding along with or shaking their fists at yours truly, a very Merry Christmas and a Guid New Year one and all!

It may be that a tale irresistibly captures my imagination between now and then, momentarily prompting my lapse from the port-fug to rattle out some words. Otherwise, I'll be sharpening my goose-quills by the fire and giving the ink another stab come January.  Slàinte!

11 comments :

  1. Well Done LLP. Whilst I hope some of your predictions are not realised I congratulate you on your intellectual rigour. I always look forward to perusing your arguments.The SNP would do well to formally involve you in their cogitations prior to action!
    Wishing you a Happy New Year and progress to our Independence!
    Slainthe

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  2. In my view, one of the best blogs in the UK. Not just for the opinions - though I do find LPW sympatico - but for his concern for representing the world as it is.

    Not much in the world of webgab is indispensable but this place has become so - well done LPW.

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  3. Dear LLP

    I appreciate the effort you put into this enormously, a huge contribution to our understanding of legal current affairs, also your delightful prose. I'm glad that you're leaving your bothy for a few days and hope you find a warm berth and convivial company, but don't fail to return to the cairn.

    Best wishes

    Ewan Kennedy

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  4. Get your hair cut, as my ancient genetic cognates used to say...


    Merry Christmas.

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  5. 'the SNP majority in the Scottish Parliament has prompted long-deferred questions about the legality of roposed Holyrood's referendum on Scottish independence finally to be posed in the mainstream media.'

    Several years ago I found the following in the book SCOTTISH INDEPENDENCE: A Practical Guide by Jo Eric Murkens with Peter Jones amd Michael Keating -

    'greater power can only be granted to Scotland by the UK Parliament and here there is potential for conflict. To take the extreme example, constitutional matters are reserved but it is hard to see how the Scottish Parliament could be prevented from holding a referendum on independence should it be determined to do so. If the Scottish people expressed a desire for independence the stage would be set for a direct clash between what is the English doctrine of sovereignty and the Scottish doctrine of the sovereignty of the people.

    SOURCE: 'The Operation of Multi-Layer Democracy', Scottish Affairs Committee Second Report of Session 1997-1998, HC 460-I, 2 December 1998, paragraph 27.

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  6. Thanks for the sea-green and incorruptible wit and wisdom; you are an ornament to your profession!

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  7. Always take the time to read your blog, LPW. I find your critique of both the political and legal always fascinating and delighted that someone else does the statistical analysis. Merry Christmas and a Guid New Year to you too and all power to your quill!

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  8. Always take the time to read your blog, LPW. I find your critique of both the political and legal always fascinating and delighted that someone else does the statistical analysis. Merry Christmas and a Guid New Year to you too and all power to your quill!

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  9. Felize Navidad to one and all from Tenerife where the sun sangria and hill walking are great for the spirit and physique.

    Aw best LPW, keep up the good work in keeping the bastards honest.

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  10. """"""""The main reason I blog is because of the pleasure it brings me: the scribbling, the argument, hopefully contributing something otherwise absent from the Scottish public sphere."""""""""

    I agree with this, I didn't agree with the sectarian laws criticism because something had to be one but I do think the overall -ve reaction to the legislation made the new bullish Scottish government calm down.

    Still, a service is being done for your native land that nobody else is doing - the two TV appearances show that you're aiming well (the second appearance was better than the first in my opinion).

    Strength and courage - Albà gu brath

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  11. Thanks everyone. Hope you all enjoyed Christmas and have your steak pies lined up for tomorrow! On a few specific points...

    Michael Follon,

    A quick search suggests that the Murkens, Jones & Keating book was published in 2002, and there have been several developments in how the Scotland Act has been interpreted since then. I'm really not convinced by the idea that the key question on the legality of the independence referendum passed by Holyrood is popular Scottish sovereignty vs sovereignty of Westminster. You may have seen it already, but I wrote this up in November, aiming to outline the legal conundrum faced by the referendum as clearly as possible.

    Stevie,

    Other friends advise me that my second appearance was better than the first too. Not surprising, really, since one's first dip into a new medium is always a bit nerve-jangling. I think I'm getting a better handle on how best to approach what to say, and how to say it! Hopefully I may get the opportunity again in the not-too-distant future.

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