Foundation of the Scottish legal system

What is the subject matter of the Scottish legal system and its methods?

• Deals with the institutions that makes the system

• The resulting sources and the methods that lawyers use

What are the 3 institutions that make law?

• The United Kingdom parliament

• Scottish parliament

• Scottish courts

How did the legal institutions form between Scotland and England?

• Scottish kings increasingly has to deal either English claims of political, legal and jurisdictional authority.

• the old parliaments of Scotland and courts of the sheriffs were facing problems due to society and the law becoming more complex.

• Led to professional new world lawyers being needed to administer the civil justice

• Known as the college of Justice (1532)

What were the 3 groups the College of Justice composed of?

• Judges and senators

• General procurators ( later advocates)

• Writers and clerks

How did the development of England’s legal system differ in terms of its central administration and professionalisation from the 13th century onwards?

• England developed a centralised legal institutions and a unified common law at an earlier period

• The legal system was administered in Westminster Hall courts

How did the unification of the crowns occur in 1603?

• the death of Elizabeth I of England and the accession of James VI of Scotland to the English throne united the crowns

Under the rule of James VI Scotland and Its of England did the country unite?

• No while the crowns had become united the jurisdictions were still separated.

How did unification occur during conquest in the 1650’s?

• Scotland was briefly conquered by England following civil war

• Scottish law was treated as a variant of common law by English lawyers

• However Lord Stair drew attention to the sovereign power of Scot judges to develop there laws through courts.

• Later recovered in the 1660’s.

How did parliament become unified by 1707?

• Through an agreement of the old parliaments of Scotland and England

• Article 18 of the treaty of union stated that the law of Scotland concerning private right (property law and contract) were not to be altered

• Article 19 preserved the college of Justice and that no criminal causes in Scotland wether to be congoscable by England courts

How did Scotland gain a devolved parliament?

• In 1997, Tony Blair promised and delivered a referendum on creating a devolved Scottish legislature with tax varying powers.

• UK parliament promulgated a statue —→ Scotland Act 1998—→ Creatuing a devolved Scottish parliament

• It has limited powers to make laws by reserving certain matters to the Uk parliament

What is the Scottish devolved parliament NOT allowed to make laws on?

• Defence

• Foreign Policy