wha tech said public law

What are the four sources of law?

Legislation, judicial precedent, institutional writers and custom. Legislation and precedent are major sources; institutional writers and custom are minor sources.

What are institutional writers and custom?

Institutional writers are early writers whose works became legal authority, such as Stair. Custom is a long-standing practice recognised as law.

What are the three institutions of law, and what do they do?

Legislature: makes laws. Executive: carries out laws and makes authorised secondary legislation. Judiciary: interprets laws, decides disputes and develops precedent.

Which Parliaments and governments matter for Scotland?

The UK and Scottish Parliaments both make laws for Scotland. The UK Government handles reserved matters; the Scottish Government handles devolved matters.

What is the difference between ratio decidendi and obiter dicta?

Ratio: the legal reason needed to decide the case; it can bind later courts. Obiter: extra comments not needed for the decision; they can persuade but do not bind.

What does stare decisis mean?

“Let the decision stand.” Lower courts must follow applicable binding decisions from higher courts in sufficiently similar cases.

When does an earlier precedent bind a court?

Check whether that court must follow the earlier court, whether the important facts are sufficiently similar, and whether the legal rule applies in the relevant legal system.

What are the main Scottish civil appeal routes?

Sheriff Court to Sheriff Appeal Court, then potentially Inner House. Outer House to Inner House. Inner House to UK Supreme Court. The Outer House is a starting court, not an appeal stage after the Sheriff Appeal Court.

What are the main Scottish criminal courts and appeal routes?

JP Courts hear minor crimes; Sheriff Courts hear more serious crimes; the High Court hears the most serious crimes. Summary Sheriff appeals go to the Sheriff Appeal Court. Solemn Sheriff and High Court trial appeals go to the High Court Appeal Court.

Can Scottish criminal cases reach the UK Supreme Court?

Only for certain human-rights and devolution issues. The High Court of Justiciary Appeal Court is the highest ordinary Scottish criminal appeal court.

How can a court distinguish or reinterpret a precedent?

Distinguish: show that important factual differences mean the earlier rule does not apply. Reinterpret: explain the earlier case’s legal rule differently. A court cannot ignore binding precedent simply because it disagrees.

What are the main stages of a UK bill?

First Reading; Second Reading; Committee Stage; Report Stage; Third Reading; consideration by the other House; Royal Assent.

What happens during the UK bill stages?

First Reading introduces it. Second Reading debates its principles. Committee Stage examines details and amendments. Report Stage considers amendments in the whole House. Third Reading gives final debate and approval. The other House considers it, then it needs Royal Assent.

What are the stages of a Scottish bill?

Introduction and competence check. Stage 1: general principles. Stage 2: committee considers amendments. Stage 3: further amendments and Parliament’s final vote. Royal Assent turns it into an Act.

What is statutory interpretation, and why is it needed?

Working out what legislation means. Words can be unclear or have several meanings, so people can disagree about how a law applies.

What are the literal, golden and mischief rules?

Literal: use the words’ literal meaning. Golden: use that meaning unless it produces an absurd or unjust result. Mischief: consider the problem Parliament wanted to solve.

What is the difference between an interpretation rule and a guideline?

A rule must be followed. A guideline helps support an interpretation but is not binding. Example rule: Scotland Act 1998, s.29(3). Example guideline: assume words have their ordinary meaning.

What other tools help interpret legislation?

Definitions within the Act, the Interpretation Act 1978, the rest of the Act, explanatory notes, parliamentary debates and presumptions. Binding statutory definitions and rules take priority over guidelines.

What are purposivism, modern literalism and always speaking?

Purposivism focuses on the law’s purpose. Modern literalism focuses on what a reasonable reader understands the words to mean in context. Always speaking allows older wording to apply to changing circumstances.

What do devolution and legislative competence mean?

Devolution gives powers to bodies such as the Scottish Parliament. Legislative competence means the legal power to make a particular law.

Which Scotland Act provisions establish Parliament, give it law-making power and preserve Westminster’s power?

Section 1(1) establishes the Scottish Parliament. Section 28(1) allows it to make Acts within s.29’s limits. Section 28(7) preserves Westminster’s power to make laws for Scotland.

What does Scotland Act 1998, s.29(1) say?

Any part of a Scottish Act that goes beyond the Scottish Parliament’s legal powers is not law.

What limits appear in Scotland Act 1998, s.29(2)?

(a) Territorial limits. (b) Reserved matters. (c) Schedule 4 protections. (d) Convention rights. (e) Protection of the Lord Advocate’s role heading criminal prosecution and death investigations.

What is the reserved powers model, and how do Schedules 4 and 5 differ?

Subjects not reserved are devolved, subject to other legal limits. Schedule 4 protects specified laws from change. Schedule 5 lists reserved subjects, such as defence and the Union.

What do s.29(3) and s.29(4) say about reserved matters?

Section 29(3): consider the law’s purpose and effects. Section 29(4): changes to Scots private or criminal law affecting reserved matters count as reserved unless their purpose is consistent treatment across reserved and other matters.

What does Scotland Act 1998, s.101(2) do?

If possible, read a provision as covering only what the Scottish Parliament can regulate, keeping it valid. It cannot save a provision if no interpretation within Scottish powers is possible.

Can Westminster legislate on devolved matters without Scottish consent?

Legally, yes, under s.28(7). The Sewel Convention, recognised in s.28(8), says it will not normally do so without consent, but this is a political restriction rather than a court-enforceable bar.

How can the UK Government block a Scottish bill under s.35?

The Secretary of State can prevent submission for Royal Assent on specified grounds: international obligations, defence or national security, or harmful effects on law applying to reserved matters. The Gender Recognition Reform Bill illustrates this.

What did Imperial Tobacco and AXA establish?

Imperial Tobacco: tobacco restrictions were within Scottish powers because their purpose was reducing smoking, applying s.29(3). AXA: Scottish Acts cannot be challenged like ordinary secondary legislation merely for irrationality or arbitrariness. Competence challenges and exceptional rule-of-law review remain possible.

Why was the 2014 independence referendum allowed, but the 2022 proposal outside Scottish powers?

A s.30 order temporarily provided power for the 2014 vote. The later proposal had no equivalent order. In the Lord Advocate’s reference, the Supreme Court held that even a non-binding vote concerned reserved constitutional matters because of its purpose and major political effects.