Scottish Law

The law in Scotland has a long and complicated history. It has its own distinct legal system including its own laws and Courts; it has developed from a variety of sources. Some of the laws in Scotland are different from those in England and Wale.

Before discussing Scottish legislation at 1st we need to know what legislation is. There are 4 sources of Scottish Law legislation is one of them. We know at present time Scottish Legal system considered a mixed legal system with England law and Northern Irish law. But in past time it was also mixed with Celtic, Welsh and also big contribution of Roman law. Scottish law recognizes four sources of law: legislation, legal precedent, specific academic writings and custom. The name of legislation is statuary law. Legislation is usually proposed by a member of the legislature.

The sources of Scottish legislation are in the following:

1. Parliament of the UK

2. Scottish Parliament

3. European parliament and

4. Council of European Union

In the United Kingdom, delegated legislation is also the name given to legislation or law that is passed otherwise than in an Act of Parliament (or an Act of the Scottish Parliament, Northern Ireland Assembly or National Assembly for Wales).

The delegated LEGISLATION IS a series of laws made by a body other that Parliament, under the authority of Parliament.  They are also a good example of secondary legislation.

Types of delegated legislation

Delegated legislation can take a variety of forms, each of which are for different purposes. Delegated legislation is used will be determined by the wording of the parent Act.

Orders-in-Council

Orders of Council

Orders are usually made by Ministers.

Directions

Form of legislation:

Legislation is the act of making laws. It can be when the laws are carried out. When new legislation is being up it begins as a bill. There are various types of bill, Private, hybrid and public bill. Public bill is the greatest part of the legislative program. These come in two forms, private member bill and government bill.

To making law, bill goes though several stages:

First review: this is a brief introduction of the bill to the house by the proposer who names the bill and date for the second reading.

Second reading: a general senate takes place but no amendments are allowed at this stage. A vote is taken and the bill mores on.

Committee stage: this is where real work is done as members of the committee debate the bill clause, amendments are made vote taken.

Report stage: the bill presented to the house and any new clauses debated with the government any charge which has been agreed in committee. In this stage no vote is taken.

Third reading: the bill is debated in principle and a vote taken. It is unusual for the bill not to be passed here.

After these stages have been concluded, the bill is sent to the other house and goes through the same procedure. Once both houses have agreed, the bill is sent for royal assent and comes into effect either immediately, at a specified date or in some cases in various stages.

Scottish Legislation (Law):

Alcoholetc. (Scotland) Act 2010

Arbitration (Scotland) Act 2010

Budget (Scotland) Act 2010

Control of Dogs ( Scotland) Act 2010

Patient Rights ( Scotland) Act 2011

The court, both in Scotland, England and some of European courts, are another source of Scottish law. The courts are very important in the Scottish legal system because they can change the law.

There are 3 kinds of court in Scotland as like UK

Civil Court

Criminal Court

Some other special Court

Civil Court: In Scotland the Civil Court Are as follows

Supreme Court of of the UK

Court of session

Sheriff Court

Criminal Court: The Scotland Criminal Courts

High Court of Judiciary

Sheriff Court

District Court

Justice of the Peace Courts

Special Court: In Scotland have also some special Courts other than civil and criminal court. Those are

Tribunal

Children’s Hearings ( i.e. In my country known as Juvenline Court)

Court of Lord Lyon

Other Court: other Court means when the court think the dispute can be solve alternative way and than is easier then the court rules and regulation so Joudge can transfer this. Like for

Alternative dispute Resolution (ADR)

Arbitration

Mediation.

The institutional writers are historical individuals who have recorded the developed and contributed to understanding the Scots law. Lawyers in the 17th and 18th centuries who wrote books setting out the principles on which Scots law is based is called institutional writers. Many of these principles were based on Roman law. Lawyers in Scotland today still look at what the institutional writers said about the law and apply these principles to modern day situations.

There are several institutional writers but the main ones are Stair, Bell and Erskine. The ideas that these individuals promoted are still debated in Scottish universities to this day and May even are used in court cases to illustrate important legal points. These individuals include:

Sir Thomas Craig who published Jus Feudale  in 1655. John Dalrymple, Viscount Stair, who published Institutions of the Law of Scotland in 1681.Lord Bankton who published An Institute of the Laws of Scotland in 1772. The institutional writers have not published anything since 1829.

Custom or long term practice may be looked on as a source of law, where no other source of law are available. However for a Court to treat custom as a source of law. It must not be contrary to any statutory legislation.

At present time Scottish legal custom plays historical rules. As it has been gradually eroded by statute and the development of the institutional writers' authority in the 19th century. Some examples in Scotland, such as the influence of UDAL LAW in Orkney and Shetland. However, its importance is largely historic with the last court ruling to cite customary law being decided in 1890.

So the Custom law is not using today, it has been over 100 years since any court used custom as a source of law.