Scots law
Charles III William, Duke of Rothesay Swinney government The Rt Hon John Swinney MSP The Rt Hon John Swinney MSP Kate Forbes MSP Sixth session Alison Johnstone MSP Angela Constance MSP Dorothy Bain KC The Rt Hon Lord Carloway KC PC United Kingdom Parliament elections European Parliament elections Local elections Referendums Starmer ministry The Rt Hon Keir Starmer MP The Rt Hon Ian Murray MP Scots law (Scottish Gaelic: Lagh na h-Alba) is the legal system of Scotland.
Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons and Anglo-Saxons in some districts south of the Forth and with the Norse in the islands and north of the River Oykel.
The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually influenced by other, especially Anglo-Norman and continental legal traditions.
Scotland retained a fundamentally different legal system from that south of the border, but the Union exerted English influence upon Scots law.
[5][6] The UK Withdrawal from the European Union (Continuity) (Scotland) Act 2020 was passed by the Scottish Parliament in December 2020.
The United Kingdom, judicially, consists of three jurisdictions: England and Wales, Scotland, and Northern Ireland.
[18] There is evidence to suggest that as late as the 17th century marriage laws in the Highlands and Islands still reflected Gaelic custom, contrary to Catholic religious principles.
[20] The Outer Hebrides were added after the Battle of Largs in 1263, and the Northern Isles were acquired in 1469, completing what is today the legal jurisdiction of Scotland.
[24][25] In 1318 a parliament at Scone enacted a code of law that drew upon older practices, but it was also dominated by current events and focused on military matters and the conduct of the war of Scottish Independence.
At the same time, a series of cases made it clear that no appeal lay from the High Court of Justiciary to the House of Lords.
Scotland retained a fundamentally different legal system from that of England and Wales, but the Union brought English influence on Scots law.
[37] Modern statutes will specify that they apply to Scotland and may also include special wording to take into consideration unique elements of the legal system.
Statutes must receive royal assent from the King before becoming law, however this is now only a formal procedure and is automatic.
[39] The degree to which the Parliament has surrendered this sovereignty is a matter of controversy with arguments generally concerning what the relationship should be between the United Kingdom and the European Union.
[40][41] Acts of the United Kingdom Parliament also regularly delegate powers to Ministers of the Crown or other bodies to produce legislation in the form of statutory instruments.
This delegated legislation has legal effect in Scotland so far as the specific provisions of the statutory instrument are duly authorised by the powers of the Act, a question which can be subjected to judicial review.
The Scottish Parliament is a devolved unicameral legislature that has the power to pass statutes only affecting Scotland on matters within its legislative competence.
[42][43] There have been a number of high-profile examples of challenges to Scottish Parliament legislation on these grounds, including against the Protection of Wild Mammals (Scotland) Act 2002 where an interest group unsuccessfully claimed the ban on fox hunting violated their human rights.
[50][51][52] The influence that English-trained judges have had on the common law of Scotland through rulings of the Supreme Court of the United Kingdom (and formerly the House of Lords) has been at times considerable, especially in areas of law where conformity was required across the United Kingdom for pragmatic reasons.
[53] A number of works by academic authors, called institutional writers, have been identified as formal sources of law in Scotland since at least the 19th century.
The view of University of Edinburgh Professor Sir Thomas Smith was, "the authority of an institutional writer is approximately equal to that of a decision by a Division of the Inner House of the Court of Session".
"[58] Legal custom in Scotland today largely plays a historical role, as it has been gradually eroded by statute and the development of the institutional writers' authority in the 19th century.
The Scottish Law Officers, (the Lord Advocate[64] and Solicitor General)[63] can be appointed from outside the Parliament's membership, but are subject to its approval.
[6] However, certain powers are reserved to Westminster including defence, international relations, fiscal and economic policy, drugs law, and broadcasting.
)[65]: Section 60 Less serious criminal offences which can be dealt with under summary procedure are handled by local Justice of the Peace Courts.
The maximum penalty which a normal Justice of the Peace can impose is 60 days imprisonment or a fine not exceeding £2,500.
Advocates specialise in presenting cases before courts and tribunals, with near-exclusive rights of audience, and in giving legal opinions.
[citation needed] Solicitors are members of the Law Society of Scotland and deal directly with their clients in all sorts of legal affairs.
[citation needed] The Scottish Law Agents Society (SLAS) is a voluntary, national body representing solicitors in Scotland, operating independently under a Royal Charter.
The SLAS addresses issues affecting solicitors, advocating for the profession's independence, and responding to reforms like the Regulation of Legal Services (Scotland) Bill 2023.
