School of Law University of Edinburgh Old College South Bridge Edinburgh EH8 9YL UK
Biographical Details
Chris Himsworth has research interests which range across much of the public law field. Recent publications have focused on constitutional law in Scotland, administrative law (especially judicial review), local government law and housing law. Another research interest is in environmental law in both its theoretical and more practical aspects.
Significant areas of constitutional law are of general application throughout the UK. Nevertheless, factors such as the existence of a distinct Scottish legal system, some measure of separate recognition within law-making and parliamentary procedure and, particularly, the establishment of a devolved Parliament for Scotland means that there are materials, questions and concerns which are exclusively Scottish in nature. This new text concentrates on the Scottish dimension of constitutional law while setting the subject in its UK and European context.
The text of this new study of local govenment law in Scotland takes account of the structual changes which were implemented in the period up to reorganisation in April 1996. The book has chapters on local authority powers and the organisation of local authority business; local government finance; audit; the local ombudsman; and local authorities and the courts. There is also discussion of the constitutional role of local authorities; the different forms of involvement by the public (whether as electors, citizens or consumers) in local government; and Scottish Office controls over authorities and their work. The emphasis of the book is not a detailed analysis of the law relating to local authority functions but upon the legal framework within which they are exercised. The book is primarily aimed at students (of law or of related disciplines) but will also be of value to all who have an involvement in or contact with Scottish local government.
A comprehensive guide to housing law in Scotland, this text takes account of the changing nature of housing law and includes material on private sector tenancies. It covers new case law, and recent legislation, and discusses the proposed local government reforms.
Essays analysing the impact of the Human Rights Act 1998 in Scots law, with comparative reference to other systems. Includes essays on the Human Rights Act and Scotland Act, human rights and the law of crime, property, employment, family and private life.
Chris Himsworth 'Devolution and its Jurisdictional Asymmetries' (2007) Modern Law Review Vol 70; Issue 1; pp 31-58
Chris Himsworth 'Remedies against the Crown in the House of Lords' (2006) Edinburgh Law Review 10: 282-290
Chris Himsworth 'Continuing Asymmetries in the New Logic of the Devolution Settlement' (2005) Wales Journal of Law and Policy Vol. 4, 24
Chris Himsworth 'Jurisdictional Divergences over the Reasonable Time Guarantee in Criminal Trials' (2004) Edinburgh Law Review Vol. 8, 255
Chris Himsworth, Paterson, Alan 'A Supreme Court for the United Kingdom: Views from the Northern Kingdom' (2004) Legal Studies Vol 24, Issues 1 and 2, pp. 99-118
Chris Himsworth 'Subordinate Legislation in the Scottish Parliament' (2002) Edinburgh Law Review Vol. 6, 356
Chris Himsworth 'Devolution and the Mixed Legal System of Scotland' (2002) Juridical Review 115
Chris Himsworth 'Securing the tenure of Scottish judges: a somewhat academic exercise' (1999) Public Law pp.14-22
Chris Himsworth 'La proporcionalidad en el Reino Unido' (1998) Derecho Publico pp.273 - 286 , Vol 5
Chris Himsworth 'New Devolution: New Dangers for Local Government' (1998) Scottish Affairs Vol. 24 pp.6-28
Chris Himsworth 'Los procesos de descentralización y sus impactos en las Administraciones locales (análisis de la experiencia escocesa)' (1998) Revista Vasca de Administración Pública pp.195-215, Vol 52
Chris Himsworth 'Things Fall Apart: The Harmonisation of Community Judicial Protection Revisited' (1997) European Law Journal Vol. 22, pp.291-311
Chris Himsworth 'In a State No Longer: The End of Constitutionalism?' (1996) Public Law pp. 639-660
Chris Himsworth 'L'impatto della devolution sul Parlamento di Westminster' in C. Decaro (eds) Parlamenti e devolution in Gran Bretagna (Luiss University Press, 2005)
Chris Himsworth 'Judicial Review in Scotland' in James Goudie, Paul Walker and Michael Supperstone (eds) Judicial Review (3rd ed) (Butterworths Law, 2005)
Chris Himsworth, P Maguire and L J Edwards 'Devolution' in James Goudie, Paul Walker and Michael Supperstone (eds) Judicial Review (3rd ed) (Butterworths Law, 2005)
Chris Himsworth 'La Devoluzione in Tema di Pianificazione e di Ambiente: Il Caso Scozzese' in Stefano Civitarese Matteucci, Erminio Ferrari, and Paolo Urbani (eds) Il Governo del Territorio (Pubblicazioni dell'Associazione Italiana di Diritto Urbanistico, 2003)
Chris Himsworth 'Rights versus Devolution' in Tom Campbell, Keith Ewing, and Adam Tomkins (eds) Sceptical Essays on Human Rights (Oxford University Press, 2001)
Chris Himsworth 'Judicial Review in the Court of Session' in Trevor Buck (eds) Judicial Review and Social Welfare (Pinter , 1998) pp.271-290
Chris Himsworth 'Judicial Review in Scotland' in James Goudie, Paul Walker and Michael Supperstone (eds) Judicial Review (1997) (Butterworths, 1997) ch.19
Chris Himsworth 'Devolution: Its Effects on the Practice of Legislation at Westminster', (appended to the 15th Report (2003-2004) of the Select Committee on the Constitution, House of Lords (HL Paper 192, 2004)) (House of Lords, UK Parliament, 2004)
Notes and Reviews
Chris Himsworth 'Presiding Officer Statements on the Competence of Bills' (2007) Edinburgh Law Review (11) 397-401
Chris Himsworth 'Inter-jurisdictional Questions in Judicial Review' (2007) Edinburgh Law Review (11) 277-283
Chris Himsworth 'Planning Rights Convergence: A Note on County Properties and Alconbury' (2002) Edinburgh Law Review Vol. 6, 253
Chris Himsworth 'Local Government and the Scottish Parliament' (1999) Journal of Local Government Law pp.9-12
The reception into Scotland of human rights protection under the ECHR and the Human Rights Act 1998 has turned out to be both problematic and controversial as a result of the combination of the devolution settlement under the Scotland Act 1998 and the separate legal system of Scotland since the Union of 1707. The paper explores the ways in which, in particular, the conflicts which have arisen as to which court should make final decisions on human rights issues have achieved an iconic status in the relationship between the Scottish and UK Governments.
Chris Himsworth 'Treaty-Making For Standards Of Local Government: The European Charter Of Local Self-Government And Its Possible Application Beyond Europe', School of Law Working Paper Series, 2011/24 (SSRN, 2011)
The paper takes a critical look at the application of the European Charter of Local Self-Government 1985 and considers the question whether its terms and mode of implementation have the potential for application beyond (the countries of the Council of) Europe.
The paper explores the institutions and procedures by which the devolution settlement under the Scotland Act 1998 has delivered to Scotland the degree of autonomy it currently enjoys, including consideration of legislative and executive competences, funding arrangements and relationships between tiers of government.