McAra v Edinburgh City Council [1913] ScotCS CSIH_1 (12 July 1913)

The Magistrates of Edinburgh were not empowered by common law or statute to issue the proclamation prohibiting meetings and imposing penalties; the Act of 1606, cap. 17, is in desuetude and cannot justify the proclamation.

Citation: [1913] ScotCS CSIH_1
Parties: Pursuer: M'Ara; Defenders: Magistrates of Edinburgh
Jurisdiction: Scotland
Judgment Date: 12 July 1913
Procedural Posture: Civil Action for Declarator / Appeal on Reclaiming Note
Outcome: appeal dismissed; Lord Ordinary's decision adhered to
Legal Topics: Powers of Local Authorities, Public Order, Right of Assembly, Free Speech, Statutory Desuetude

Administrative Law Constitutional Law Criminal Law Powers of Local Authorities Public Order Right of Assembly Free Speech Statutory Desuetude

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Parties

M'Ara

Pursuer

Magistrates of Edinburgh

Defenders

Procedural Posture

Civil Action for Declarator / Appeal on Reclaiming Note

Legal Issues

1 Whether the Magistrates of Edinburgh had authority under common law or statute to issue a proclamation prohibiting meetings without licence and imposing penalties
2 Whether the Act of 1606, cap. 17, is in desuetude and can be relied upon to justify the proclamation

Ratio Decidendi

Court Disposition

appeal dismissed; Lord Ordinary's decision adhered to

Orders

Declaration that Magistrates of Edinburgh were not empowered by common law or statute to issue the proclamation
Declaration that pursuer was not bound to obey the proclamation