Stephen Tierney

University of Edinburgh - School of Law

Old College

South Bridge

Edinburgh, EH8 9YL

United Kingdom

  • University of Edinburgh - School of Law

SCHOLARLY PAPERS

15

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4

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15

Scholarly Papers (15)

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1.

Political Pragmatism and Constitutional Principle: The European Union (Withdrawal) Act 2018

Forthcoming in Public Law, University of Cambridge Faculty of Law Research Paper No. 58/2018
Number of pages: 26 Posted: 11 Oct 2018 Last Revised: 21 Oct 2018
Mark Elliott and Stephen Tierney
University of Cambridge - Faculty of Law and University of Edinburgh - School of Law
Downloads 5,109 (2,583)
Citation 1

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constitutional law, United Kingdom constitutional law, European Union law, Brexit, parliamentary sovereignty, rule of law, separation of powers, delegated legislation, secondary legislation, devolution, territorial constitution

2.

Legal Issues Surrounding the Referendum on Independence for Scotland

European Constitutional Law Review 2013, Issue 3, Forthcoming, Edinburgh School of Law Research Paper No. 2013/34
Number of pages: 31 Posted: 25 Sep 2013 Last Revised: 09 Oct 2013
Stephen Tierney
University of Edinburgh - School of Law
Downloads 746 (51,675)

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Scotland, Scottish, Independence, Referendum, Direct Democracy, UK constitution, Scotland and the European Union, Scotland and membership of the European Union, Scotland and international law, Scotland and the United Nations, statehood, secession, recognition, continuing state, successor state

3.

Whose Political Constitution? Citizens and Referendums

Edinburgh School of Law Research Paper No. 2013/08
Number of pages: 12 Posted: 13 Mar 2013
Stephen Tierney
University of Edinburgh - School of Law
Downloads 199 (228,926)

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law, constitutional law, constitutional theory, direct democracy, referendums, constitutionalism, political constitutionalism, republicanism, civic republicanism

4.

Using Electoral Law to Construct a Deliberative Referendum: Moving beyond the Democratic Paradox

Edinburgh School of Law Research Paper No. 2013/14
Number of pages: 21 Posted: 19 Mar 2013
Stephen Tierney
University of Edinburgh - School of Law
Downloads 196 (232,114)
Citation 2

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law, constitutional law, electoral law and referendums, constitutional theory, direct democracy, referendums, constitutionalism, civic republicanism, deliberative democracy, Scotland Act 1998, Scottish independence referendum, PPERA 2000, Political Parties, Elections and Referendums Act 2000

5.

Scotland's Constitutional Future: The Legal Issues

Edinburgh School of Law Research Paper No. 2013/16
Number of pages: 46 Posted: 19 Mar 2013 Last Revised: 03 Jun 2013
Tom Mullen and Stephen Tierney
University of Glasgow - School of Law and University of Edinburgh - School of Law
Downloads 153 (286,987)

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Law, Public law, constitutional law, United Kingdom constitution, United Kingdom devolution, Scottish devolution, Scottish independence, Scotland independence referendum and legality, Scotland Act 1998, nation-state, national identity, nationalism, sovereignty, post-sovereign, popular sovereignty

6.

The Multi-Option Referendum: International Guidelines, International Practice and Practical Issues

Edinburgh School of Law Research Paper No. 2013/33
Number of pages: 24 Posted: 26 Sep 2013 Last Revised: 09 Oct 2013
Stephen Tierney
University of Edinburgh - School of Law
Downloads 133 (320,683)
Citation 2

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Referendum, multi-option, direct democracy, constitutional law, public law, Venice Commission, international standards

7.

The Long Intervention in Kosovo: A Self-Determination Imperative?

Edinburgh School of Law Research Paper No. 2013/10
Number of pages: 27 Posted: 13 Mar 2013
Stephen Tierney
University of Edinburgh - School of Law
Downloads 109 (370,367)

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Kosovo, international law, SFRY, FRY, Yugoslavia, self-determination, statehood, recognition of states, NATO, Rambouillet, humanitarian intervention, sovereignty, Badinter, International Court of Justice

8.

The Scottish Government’S ‘Independence Referendum’ Proposal: Legal and Constitutional Issues

Edinburgh School of Law Research Paper No. 17, 2022
Number of pages: 37 Posted: 05 Oct 2022
Stephen Tierney
University of Edinburgh - School of Law
Downloads 76 (464,609)

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Scottish independence referendum, devolution, Lord Advocate's Reference, referendums, United Kingdom constitutional law, Scotland Act 1998

9.

Flexible Accommodation: Another Case of British Exceptionalism?

Edinburgh School of Law Research Paper No. 2013/15
Number of pages: 18 Posted: 19 Mar 2013
Stephen Tierney
University of Edinburgh - School of Law
Downloads 71 (482,294)
Citation 1

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law, public law, constitutional law, United Kingdom constitution, United Kingdom devolution, Scottish devolution, Scottish independence, Scotland independence referendum 2014, Scotland Act 1998, Northern Ireland Act 1998, Government of Wales Act 1998, Scotland Act 2012, nation, nation-state

10.

The Nation as 'The Public': The Resilient Functionalism of Public Law

Edinburgh School of Law Research Paper No. 2013/09
Number of pages: 17 Posted: 13 Mar 2013
Stephen Tierney
University of Edinburgh - School of Law
Downloads 68 (493,477)

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law, public law, constitutional law, privatization, globalization, nation, nation-state, national identity, nationalism, state; post-national, resilient functionalism, functionalism, constitution, constitutionalism, sovereignty, post-sovereign, popular sovereignty, referendums, democracy

11.

The Presumption of Innocence and the Human Rights Act

Number of pages: 33 Posted: 17 Jun 2004
Victor Tadros and Stephen Tierney
University of Warwick - School of Law and University of Edinburgh - School of Law
Downloads 37 (641,213)
Citation 2

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12.

Constitutional Referendums: A Theoretical Enquiry

Modern Law Review, Vol. 72, Issue 3, pp. 360-383, May 2009
Number of pages: 24 Posted: 05 May 2009
Stephen Tierney
University of Edinburgh - School of Law
Downloads 26 (715,979)

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13.

Beyond the Ontological Question: Liberal Nationalism and the Task of Constitution-Building

European Law Journal, Vol. 14, Issue 1, pp. 128-137, January 2008
Number of pages: 10 Posted: 21 Dec 2007
Stephen Tierney
University of Edinburgh - School of Law
Downloads 23 (739,817)

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14.

The Shibboleth of Sovereignty

The Modern Law Review, Vol. 81, Issue 6, pp. 989-1016, 2018
Number of pages: 28 Posted: 19 Nov 2018
Martin Loughlin and Stephen Tierney
London School of Economics - Law School and University of Edinburgh - School of Law
Downloads 9 (866,713)

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Sovereignty, Parliamentary sovereignty, Dicey. British constitution, Brexit

15.

Giving with One Hand: Scottish Devolution within a Unitary State

International Journal of Constitutional Law, Vol. 5, Issue 4, pp. 730-753, 2007
Posted: 07 Jul 2008
Stephen Tierney
University of Edinburgh - School of Law

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