scot legal system Essay

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Statutes as a source of law emanates from the legislative body of the United Kingdom.

Scotland Parliament can pass legislation on devolved matters Examples of Statutes: Abolition of Bridge Tolls (Scotland) Act 2008 , Offences (Aggravation by Prejudice) (Scotland) Act 2009
Acts passed by the Scots Parliament only affect Scotland: The Age of Legal Capacity (Scotland) Act 1991, Licensing (Scotland) Act 1976 and Smoking, Health and Social Care (Scotland) Act 2005. The judicial committee of the privy council is a body that controls the ability for scots parliament to pass legislation in certain areas. If scot parliament did pass legislation in these areas they would be acting ULTRA VIRES.
The Scots and UK Parliament can be challenged buy: 1.Human Rights 2.European Union Law

Scottish civil courts : Sheriff court – The court of session(outer house) – The court of session(inner house) – The house of lords

Scottish criminal courts: The district court - The sheriff court – The high court of justiciary (trial court) - The high court of justiciary (appeal court)

The UK Parliament can pass legislation on reserved matters.
Examples of Statutes: Sale of Goods Act 1979 Unfair Contract Terms Act 1977
Acts passed by the UK Parliament which effect Scotland: Data Protection Act 1998
Companies Act 2006, Sex Discrimination Act 1975
They also have the power to abolish the scot parliament. It also can reduce or increase scots parliament’s powers. The UK parliament has a lesser role in passing legislation for Scotland.

The Scotland Act 1998 created the Scotland Parliament. Challenged buy Human Rights European Union Law
Judicial Committee of the Privy Council (Scots Parliament Only)
Human Rights Act 1998 says you have the right to life, Freedom from torture or inhuman treatment or degrading treatment or punishment, The right to a fair trial and The right to marry and found a family
European Court of Human Rights based in Strasburg
European Communities Act 1972 the UK joined the EU.
R v Secretary of State, ex parte Factortame and others (No2) 1991

Delegated legislation: (it’s a type of body that can create legislation instead of the parliament. This helps enable section of an act of parliament) It is the power given by Parliament to a minister or another to make law. Examples are:
Statutory Instruments: The need for statutory instruments are Pressure on Parliamentary, Time Technicality of the Subject matter and The Need for Flexibility.
Byelaws: Byelaws are needed for: “good rule and government” Government (Scotland) Act 1973. Examples of bye laws: Countryside (Scotland) Act 1967 Children and Young Persons (Scotland) Act 1937
Water (Scotland) Act 1980.bye-law is passed by the council. Breach of a Bye-law Summary procedure in the Sheriff Court or in certain instances the Justice of the Pease Court usually a fine. Legal Controls on Bye-laws: The must be intra vires. They must not be offensive to the general law. They must be certain. They must be reasonable. THE HIGHLAND COUNCIL BYELAWS PROHIBITING CONSUMPTION OF ALCOHOLIC LIQUOR IN DESIGNATED PLACES (GRANTOWN ON SPEY) 2003

Common law developed in the middle Ages as the law common to the whole of Scotland, rather than local law. It has developed over the years and can be flexible to adapt to changes in society. Examples: Judicial Precedent In S v HM Advocate 1989. Equity In Roberts Petitioner 1901.custom.institutional writings. A legislative body creates statute In the UK and Scots Parliament. The common law is developed from judicial decisions. Statute law is superior to the common law if there is a contradiction between common law and statute then statute will be fallowed. Judges have the powers to interpret a statute. Common law can be changed by judicial decisions. Parliament can change an act of parliament trough a repeal. Judicial Precedent bound by the higher court's decision. When a judge makes a decision it is based on the application of legal
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