Constitutional Law For Criminal Justice 14th Edition Download UPDATED

Heyward Sainame March 07, 2022

Constitutional Law For Criminal Justice 14th Edition Download

Hybrid legal system of Scotland, containing civil police and common constabulary elements

Scots police (Scottish Gaelic: Lagh na h-Alba) is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources.[1] [2] [3] Together with English law and Northern Irish gaelic constabulary, it is one of the three legal systems of the Britain.[4]

Early Scots police 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 southward of the Forth and with the Norse in the islands and north of the River Oykel. The introduction of feudalism from the twelfth 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. Although at that place was some indirect Roman law influence on Scots law, the direct influence of Roman police force was slight upward until around the 15th century. After this fourth dimension, Roman constabulary was often adopted in argument in courtroom, in an adapted course, where there was no native Scots rule to settle a dispute; and Roman law was in this way partially received into Scots law.

Scots law recognises 4 sources of police: legislation, legal precedent, specific academic writings, and custom. Legislation affecting Scotland may exist passed by the Scottish Parliament and the United Kingdom Parliament. Some legislation passed by the pre-1707 Parliament of Scotland is nevertheless as well valid.

Since the Union with England Act 1707, Scotland has shared a legislature with England and Wales. Scotland retained a fundamentally different legal system from that southward of the edge, merely the Spousal relationship exerted English influence upon Scots law. Since the UK joined the European Spousal relationship, Scots law has besides been affected by European law under the Treaties of the European union, the requirements of the European Convention on Homo Rights (entered into by members of the Council of Europe) and the creation of the devolved Scottish Parliament which may laissez passer legislation within all areas non reserved to Westminster, as detailed past the Scotland Deed 1998.[v] [half-dozen]

All devolved Scots police is also legally required to go on in regulatory alignment with all hereafter European union Law under the provisions of the UK Withdrawal from the European union (Continuity) (Scotland) Act 2020 after information technology was passed by the Scottish Parliament in Dec 2020.[7] Information technology received Majestic assent on 29 January 2021 and came into operation on the same mean solar day.

Scotland as a distinct jurisdiction [edit]

The Uk, judicially, consists of three jurisdictions: England and Wales, Scotland, and Northern Ireland.[4] There are important differences between Scots law, English law and Northern Irish police in areas such as property law, criminal law, trust police force,[8] inheritance police force, evidence law and family unit law while there are greater similarities in areas of United kingdom-broad interest such equally commercial police force, consumer rights,[9] revenue enhancement, employment law and wellness and prophylactic regulations.[10]

Examples of differences between the jurisdictions include the age of legal chapters (16 years one-time in Scotland but xviii years erstwhile in England and Wales),[xi] [12] and the fact that equity was never a distinct co-operative of Scots law.[13] Some examples in criminal constabulary include:

  • The use of 15-member juries for criminal trials in Scotland (compared with 12-member juries in England and Wales) who always make up one's mind by simple majority.[14]
  • The defendant in a criminal trial does not take the right to elect between a judge or jury trial.[14]
  • Judges and juries of criminal trials have the "third verdict" of "not proven" bachelor to them.[15] [16]

At that place are also differences in the terminology used betwixt the jurisdictions. For example, in Scotland there are no magistrates' courts or Crown Court, but there are justice of the peace courts, sheriff courts and the College of Justice. The Procurator Financial Service provides the independent public prosecution service for Scotland like the Crown Prosecution Service in England and Wales and the Public Prosecution Service in Northern Ireland.

History [edit]

Scots police tin can exist traced to its early ancestry as a number of different custom systems among Scotland's early cultures to its modern role equally one of the iii legal jurisdictions of the United Kingdom. The various historic sources of Scots law, including custom, feudal constabulary, canon police, noncombatant ius commune and English constabulary have created a hybrid or mixed legal system.

The nature of Scots law before the 12th century is largely speculative, but is probable to have been a mixture of different legal traditions representing the different cultures inhabiting the land at the time, including Gaelic, Welsh, Norse and Anglo-Saxon customs.[17] There is evidence to advise that as tardily every bit the 17th century matrimony laws in the Highlands and Islands nevertheless reflected Gaelic custom, contrary to Catholic religious principles.[18] The germination of the Kingdom of Scotland and its subjugation of the surrounding cultures, completed by the Battle of Carham, established what are approximately the boundaries of contemporary mainland Scotland.[19] The Outer Hebrides were added subsequently the Battle of Largs in 1263, and the Northern Isles were caused in 1469, completing what is today the legal jurisdiction of Scotland.[20]

From the 12th century bullwork was gradually introduced to Scotland and established feudal state tenure over many parts of the south and east, which eventually spread due north.[21] [22] As feudalism began to develop in Scotland early courtroom systems began to develop, including early forms of Sheriff Courts.

Nether Robert the Bruce the importance of the Parliament of Scotland grew every bit he called parliaments more frequently, and its composition shifted to include more representation from the burghs and lesser landowners.[23] In 1399 a General Council established that the King should concord a parliament at least once a yr for the next three years and then "that his subjects are served by the law".[23] [24] In 1318 a parliament at Scone enacted a code of law that drew upon older practices, but it was also dominated past current events and focused on military machine matters and the conduct of the war of Scottish Independence.[25]

From the 14th century nosotros have surviving examples of early Scottish legal literature, such every bit the Regiam Majestatem (on procedure at the regal courts) and the Quoniam Attachiamenta (on procedure at the baron courts).[26] Both of these of import texts, equally they were copied, had provisions from Roman constabulary and the ius commune inserted or adult, demonstrating the influence which both these sources had on Scots constabulary.[27]

From the reign of King James I to King James 5 the beginnings of a legal profession began to develop and the administration of criminal and civil justice was centralised.[28] The Parliament of Scotland was normally called on an annual basis during this menses and its membership was further defined.[29] The evolution of the modern Court of Session as well traces its history to the 15th and early 16th century with the institution of a specialised group of councillors to the King evolving from the Male monarch's Council who dealt solely with the administration of justice. In 1528, it was established that the Lords of Quango not appointed to this trunk were to be excluded from its audiences and it was also this body that four years later in 1532 became the Higher of Justice.[30]

The Acts of Union 1707 merged the Kingdom of Scotland and the Kingdom of England to form the new Kingdom of Not bad United kingdom. Article 19 of the Act confirmed the continuing authority of the College of Justice, Court of Session and Court of Justiciary in Scotland.[31] Article 3, however, merged the Estates of Scotland with the Parliament of England to class the Parliament of Nifty Uk, with its seat in the Palace of Westminster, London. Under the terms of the Deed of Union, Scotland retained its ain systems of police, education and Church building (Church of Scotland, Presbyterian polity), separately from the remainder of the country.

The Parliament of Slap-up Great britain otherwise was not restricted in altering laws concerning public right, policy and civil government, but concerning individual right, only alterations for the evident utility of the subjects within Scotland were permitted. The Scottish Enlightenment then reinvigorated Scots constabulary as a university-taught discipline. The transfer of legislative ability to London and the introduction of appeal in civil merely not criminal cases to the House of Lords (now, by entreatment to the new Supreme Courtroom of the United Kingdom) brought further English influence. Acts of the Parliament began to create unified legal statutes applying in both England and Scotland, specially when conformity was seen as necessary for pragmatic reasons (such as the Auction of Appurtenances Act 1893). Entreatment decisions past English judges raised concerns most this entreatment to a foreign system, and in the tardily 19th century Acts allowed for the engagement of Scottish Lords of Appeal in Ordinary. At the same time, a series of cases made it articulate that no appeal lay from the Loftier Courtroom of Justiciary to the House of Lords. Today the Supreme Courtroom of the United Kingdom usually has a minimum of 2 Scottish justices to ensure that some Scottish feel is brought to behave on Scottish appeals.[32]

Scots law has continued to modify and develop in the 20th century, with the virtually pregnant change coming under devolution and the reformation of the Scottish Parliament.

Influential sources [edit]

An early Scottish legal compilation, Regiam Majestatem, was based heavily on Glanvill's English language law treatise, although it as well contains elements of ceremonious law, feudal law, canon police force, customary law and native Scots statutes. Although there was some indirect Roman-law influence on Scots law, via medieval ius commune and canon law used in the church courts, the direct influence of Roman law was slight up until around the mid-15th century.[33] After this time, noncombatant ius commune was often adopted in argument in court, in an adjusted course, where in that location was no native Scots rule to settle a dispute; and ceremonious police force was in this style partially received in subsidium into Scots law.

Since the Acts of Wedlock 1707, Scotland has shared a legislature with the rest of the United Kingdom. Scotland retained a fundamentally different legal system from that of England and Wales, but the Union brought English influence on Scots police force. In recent years, Scots law has likewise been afflicted by European law under the Treaties of the European Union, the requirements of the European Convention on Human Rights (entered into by members of the Council of Europe) and the establishment of the Scottish Parliament which may pass legislation within its areas of legislative competence every bit detailed by the Scotland Act 1998.[5] [6]

Sources of police force [edit]

Legislation [edit]

The Parliament of the Great britain has the power to laissez passer statutes on whatsoever outcome for Scotland, although under the Sewel convention it will not do and so in devolved matters without the Scottish Parliament's consent.[34] [35] The Human Rights Act 1998, the Scotland Act 1998 and the European Communities Act 1972 have special status in the law of Scotland.[36] Mod statutes will specify that they utilise to Scotland and may likewise include special diction to have into consideration unique elements of the legal system. Statutes must receive Purple Assent from the Queen earlier becoming law, however this is now only a formal procedure and is automated.[37] Legislation of the Parliament of the United kingdom is not subject area to revocation by the courts as the Parliament is said to have supreme legal potency; nevertheless, awarding of legislation is discipline to judicial review and besides in practice, the Parliament volition tend not to create legislation which contradicts the Human being Rights Deed 1998 or European constabulary, although it is technically free to do then.[38] The degree to which the Parliament has surrendered this sovereignty is a matter of controversy with arguments generally concerning what the relationship should be betwixt the U.k. and the European Union.[39] [40] Acts of the United kingdom of great britain and northern ireland Parliament also regularly delegate powers to Ministers of the Crown or other bodies to produce legislation in the grade of statutory instruments. This delegated legislation has legal upshot in Scotland then far equally the specific provisions of the statutory instrument are duly authorised by the powers of the Human activity, a question which can be subjected to judicial review.

The Scottish Parliament is a devolved unicameral legislature that has the ability to pass statutes only affecting Scotland on matters inside its legislative competence.[6] Legislation passed past the Scottish Parliament must likewise comply with the Human Rights Act 1998 and European law, otherwise the Courtroom of Session or Loftier Court of Justiciary have the authority to strike down the legislation every bit ultra vires.[41] [42] There have been a number of loftier-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.[43] Legislation passed by the Scottish Parliament also requires Royal Assent which, similar with the Parliament of the United Kingdom, is automatically granted.[44]

Legislation passed by the pre-1707 Parliament of Scotland still has legal effect in Scotland, though the number of statutes that take not been repealed is express. Examples include the Royal Mines Act 1424, which makes gold and silver mines the property of the Queen, and the Leases Act 1449, which is even so relied on today in belongings police cases.[45]

Legislation which forms part of the police force of Scotland should non be confused with a civil code as it does not attempt to comprehensively detail the law. Legislation forms only one of a number of sources.

Common constabulary [edit]

Common law is an important legal source in Scotland, especially in criminal constabulary where a large torso of legal precedent has been developed, so that many crimes, such as murder, are non codified.[46] Sources of common law in Scotland are the decisions of the Scottish courts and certain rulings of the Supreme Court of the U.k. (including its predecessor the House of Lords).[47] The caste to which decisions of the Supreme Court are binding on Scottish courts in civil matters is controversial, especially where those decisions chronicle to cases brought from other legal jurisdictions; however, decisions of the Supreme Court in appeals from Scotland are considered binding precedent.[48] In criminal cases the highest appellate court is the Court of Justiciary and so the common police related to criminal police in Scotland has been largely developed only in Scotland.[47] Rulings of the European Courtroom of Human Rights and the Courtroom of Justice of the European union likewise contribute to the common police in the interpretation of the European Convention on Human Rights and European police respectively.

The common constabulary of Scotland should not be confused with the common police of England, which has different historical roots.[49] The historical roots of the mutual police of Scotland are the customary laws of the dissimilar cultures which inhabited the region, which were mixed together with feudal concepts by the Scottish Kings to grade a distinct mutual law.[49] [l] [51]

The influence that English language-trained judges have had on the mutual law of Scotland through rulings of the Supreme Court of the United kingdom (and formerly the Firm of Lords) has been at times considerable, especially in areas of law where conformity was required across the Great britain for pragmatic reasons. This has resulted in rulings with strained interpretations of the common law of Scotland, such equally Smith v Bank of Scotland.[52]

Academic writings [edit]

A number of works by academic authors, chosen institutional writers, have been identified as formal sources of law in Scotland since at least the 19th century. The exact list of authors and works, and whether it can exist added to, is a affair of controversy.[53] The by and large accustomed list[54] of institutional works are:

  • Sir Thomas Craig of Riccarton's[55] Jus Feudale (1603);
  • Sir James Dalrymple, Viscount of Stair's Institutions of the law of Scotland (1681);
  • Andrew MacDouall, Lord Bankton's An Establish of the Laws of Scotland (1751–1753);
  • John Erskine of Carnock's An Institute of the Police of Scotland (1773); and,
  • George Joseph Bong's Commentaries on the Law of Scotland and on the Principles of Mercantile Jurisprudence (1804) and Principles of the Law of Scotland (1829).

Some commentators[54] would also consider the following works to be included:

  • Sir George Mackenzie of Rosehaugh's The Institutions of the Police of Scotland (1684);
  • John Erskine of Carnock'south Principles of the Police force of Scotland (1754); and,
  • Henry Home, Lord Kames' Principles of Equity (1760)

The recognition of the potency of the institutional writers was gradual and developed with the significance in the 19th century of stare decisis.[53] The degree to which these works are authoritative is not exact. 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".[56]

Custom [edit]

John Erskine of Carnock, an institutional writer, described legal custom as, "that which, without any limited enactment by the supreme power, derives force from its tacit consent; which consent is presumed from the inveterate or immemorial usage of the community."[57] 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.[58] Some examples practise persist in Scotland, such as the influence of Udal police force in Orkney and Shetland.[59] However, its importance is largely historic with the final court ruling to cite customary law existence decided in 1890.[threescore]

Legal institutions [edit]

Government of Scotland [edit]

The Scottish Parliament

The Scottish Government, led by the Start Government minister, is responsible for formulating policy and implementing laws passed by the Scottish Parliament.[61] The Scottish Parliament nominates 1 of its Members to exist appointed as First Minister by the Queen.[62] The First Minister is assisted by various Cabinet Secretaries with individual portfolios and remits, who are appointed by the Outset Government minister with the approval of Parliament. Ministers are similarly appointed to aid Cabinet Secretaries in their work. The Scottish Law Officers, (the Lord Abet[63] and Solicitor General)[62] tin can be appointed from exterior the Parliament'southward membership, but are bailiwick to its approval. The Starting time Minister, the Chiffonier Secretaries, Ministers and the Scottish Constabulary Officers are the Members of the Scottish Government. They are collectively known as the "Scottish Ministers".

The Scottish Government has executive responsibility for the Scottish legal system, with functions exercised past the Chiffonier Secretary for Justice and Veterans. The Justice Secretarial assistant has political responsibleness for policing, law enforcement, the courts of Scotland, the Scottish Prison Service, fire services, ceremonious emergencies and civil justice.

Legislature [edit]

Many areas of Scots police force are legislated for by the Scottish Parliament, in matters devolved from the Parliament of the United Kingdom. Areas of Scots constabulary over which the Scottish Parliament has competency include health, education, criminal justice, local authorities, environment and civil justice amongst others.[half-dozen] However, certain powers are reserved to Westminster including defense, international relations, fiscal and economic policy, drugs law, and broadcasting. The Scottish Parliament also has been granted limited tax raising powers. Although technically the Parliament of the United kingdom retains total power to legislate for Scotland, nether the Sewel convention it will not legislate on devolved matters without the agreement of the Scottish Parliament.[35]

Courts of Scotland [edit]

Scottish Courts and Tribunals Service [edit]

All Scottish courts, except for the Courtroom of the Lord Lyon, are administered by the Scottish Courts and Tribunals Service. The Courts and Tribunals service is a non-ministerial government department with a corporate lath chaired by the Lord President of the Court of Session (the head of the judiciary of Scotland.)[64] : Section 60

Criminal courts [edit]

Justice of the peace courts [edit]

Less serious criminal offences which tin can be dealt with under summary procedure are handled past local Justice of the Peace Courts. The maximum penalisation which a normal Justice of the Peace tin can impose is 60 days imprisonment or a fine non exceeding £ii,500.[65]

Sheriff courts [edit]

Sheriff Courts act every bit district criminal courts, organised by sheriffdom, and deal with cases nether both summary and solemn procedure. Cases tin exist heard either before a Summary Sheriff, a Sheriff, or a Sheriff and a jury. The maximum penalisation which the Sheriff Court tin can impose, where heard but past a Sheriff or Summary Sheriff, is 12 months imprisonment or a fine non exceeding £x,000. A instance earlier a Sheriff and jury tin outcome in up to five years imprisonment or an unlimited fine.[66]

Appeals confronting summary convictions and summary sentences are heard by the Sheriff Entreatment Court, and decisions of the Sheriff Appeal Courtroom can only be appealed with leave to the High Courtroom of Justiciary and then only on questions of police force.[67] [68] [69] : Sections 118–119

High Court of Justiciary [edit]

More serious crimes, and appeals from solemn proceedings in the Sheriff Courts, are heard by the High Courtroom of Justiciary. In that location is no entreatment available in criminal cases to the Supreme Court of the United kingdom of great britain and northern ireland,[66] with respect to points of criminal law. Cases where the defendant alleges a breach of the European Convention on Human Rights or European law can also be referred or appealed to the Great britain Supreme Courtroom for a ruling on the relevant alleged alienation. In these cases the UK Supreme Court is the successor to the Business firm of Lords equally the highest civil courtroom having taken over the judicial functions of the House of Lords and the Privy Quango from 2009.

Civil courts [edit]

Sheriff courts [edit]

Sheriff Courts also act as district civil courts with sectional jurisdiction over all cases worth not more £100,000, unless they are peculiarly complicated or of meaning importance.[70] [71] [72] Personal injury actions may also be heard at the specialist all-Scotland Sheriff Personal Injury Court, which has the power to hear cases before a jury.[73] Decisions of a Sheriff Courtroom are appealed to the Sheriff Appeal Court. Further appeals are possible to the Inner Firm of the Court of Session, just only with the permission of either the Sheriff Appeal Court, or the Court of Session. Such appeals are granted if in that location is an important signal of principle, or other compelling reason. Appeals may finally be taken to the Supreme Court of the United kingdom, but simply with the exit of either the Inner House or the Supreme Court itself, and it relates to a general point of public interest in the constabulary.[69] : Sections 109–111, 113, 117

Courtroom of Session [edit]

Complicated or high-value cases can be heard at first instance by the Outer Firm of the Court of Session, with the Courtroom of Session having concurrent jurisdiction for all cases with a monetary value of more than £100,000.[71] Decisions of the Outer Business firm are appealed to the Inner House of the Court of Session, and (where allowed by the Inner House, or in matters relative to Devolution) and then to the Supreme Court of the Uk.

Scottish courts may brand a reference for a preliminary ruling to the Court of Justice of the European Union in cases involving European law.[74]

Specialist courts [edit]

There are also a number of specialist courts and tribunals that have been created to hear specific types of disputes. These include Children'due south Hearings, the Lands Tribunal for Scotland, the Scottish Land Court and the Court of the Lord Lyon. The Employment Appeal Tribunal is besides an example of a cross-jurisdictional tribunal.

Judiciary of Scotland [edit]

Scotland has several classes of judge who sit in the various courts of Scotland, and led by the Lord President of the Court of Session who is head of the Scottish judiciary by virtue of Section 2 of the Judiciary and Courts (Scotland) Act 2008.[64] : Section 2 The 2nd well-nigh senior judge is the Lord Justice Clerk,[64] : Section 5 and together with the Senators they constitute the College of Justice. The Senators are referred to as Lords of Council and Session when sitting in civil cases, and Lords Commissioners of Justiciary when sitting in criminal cases.[75]

The sheriff courts are presided over by the Sheriffs Principal, Sheriffs, and Summary Sheriffs. They will preside over both ceremonious and criminal cases.[76] [77] [78]

The most junior judges are the justices of the peace who preside over small-scale criminal matters in the Justice of the Peace Courts.[79]

Legal profession [edit]

The Scottish legal profession has two main branches, advocates and solicitors.[lxxx]

Advocates, the equivalent of the English barristers, vest to the Faculty of Advocates which distinguishes betwixt junior counsel and senior counsel, the latter being designated Rex's or Queen's Counsel. Advocates specialise in presenting cases before courts and tribunals, with near-exclusive rights of audience, and in giving legal opinions. They usually receive instructions indirectly from clients through solicitors, though in many circumstances they can be instructed directly by members of sure professional associations.[ citation needed ]

Solicitors are members of the Police Society of Scotland and deal straight with their clients in all sorts of legal affairs. In the majority of cases they nowadays their client's case to the court, and while traditionally they did non have the right to announced earlier the higher courts, since 1992 they accept been able to apply for extended rights, becoming known equally solicitor advocates. Notaries public, unlike their continental equivalent, are non members of a separate profession; they must be solicitors, and most solicitors are too notaries.[ citation needed ]

Branches of the police force [edit]

The chief division in Scots police force is betwixt private law (laws governing the relationship between people[81]) and public law (laws governing the relationship between the State and the people). Private law is further categorised into laws on Persons, Obligations, Holding, Actions and Private International Law. The main subjects of public law are ramble police force, authoritative law and criminal law and procedure.

Individual law [edit]

  • Defalcation
  • Company / Partnership
  • Contract
  • Unilateral promise
  • Delict
  • Unjustified enrichment
  • Employment
  • Family
  • Inheritance
  • Property
  • Trusts

Public law [edit]

  • Administrative
  • Civil procedure
  • Ramble
  • Criminal
  • Tax

Run into besides [edit]

  • Listing of Scottish legal cases

Notes [edit]

  1. ^ Palmer, p. 201
  2. ^ Tetley, Part I
  3. ^ Thomson, pp.51-91
  4. ^ a b Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29
  5. ^ a b Sch. 5 Scotland Act 1998
  6. ^ a b c d Devolved and reserved matters explained Archived 2012-07-17 at the Wayback Machine, Scottish Parliament, Retrieved 2011-10-22
  7. ^ "MSPs laissez passer Brexit bill to 'go on pace' with EU laws". BBC News. 23 Dec 2020. Retrieved 26 Dec 2020.
  8. ^ Gretton & Steven, p. 318
  9. ^ Davidson, p. two
  10. ^ Davidson, p. 56
  11. ^ Age of Legal Capacity (Scotland) Act 1991 (c. l), opsi.gov.uk
  12. ^ "Nether Scots Constabulary (in contrast to the law in E&West), young people have full (or 'active') legal capacity at xvi years". Keele University. Archived from the original on 25 March 2007.
  13. ^ Stair, vol. 22, para. 399: "Equity in Scots police force. As will appear, the historical place of equity in the development of Scots constabulary is no mere replication of the English position. No divide equity court appeared in Scotland. The Scottish commentators were given to searching for parallels to contemporary Scottish arrangements in the texts of Roman law. 'Disinterestedness' does not apparently be as a distinct co-operative of law at the present 24-hour interval. Nonetheless, the status of equity equally a source of law is nowadays much the same in Scotland as information technology is in England and Wales."
  14. ^ a b Jones, p. 46
  15. ^ Jones, p. 47
  16. ^ Bray, Samuel (2005). "Not Proven: Introducing a 3rd Verdict". University of Chicago Law Review. 72 (iv): 1299–1329. SSRN 1339222.
  17. ^ Scottish Legal History: A Inquiry Guide, Georgetown Law Library, Retrieved 2011-ten-22
  18. ^ Stair, vol. 22, para. 504 (Online) Retrieved 2011-x-26
  19. ^ Reid, I. Introduction and Property, p. fifteen
  20. ^ Reid, I. Introduction and Property, p. 16
  21. ^ Stair, vol. 22, para. 505 (Online) Retrieved 2011-10-26
  22. ^ Reid, I. Introduction and Holding, p. xx
  23. ^ a b Reid, I. Introduction and Holding, p. 38
  24. ^ Legislation - Records of the Parliaments of Scotland, 1399/1/thirteen. Translation: "Item, information technology is ordained that each year the king shall hold a parliament so that his subjects are served by the law, which shall begin on the forenoon after All Hallows' mean solar day [two November], for the adjacent 3 years."
  25. ^ Reid, I. Introduction and Holding, p. 40
  26. ^ Stair, vol. 22, para. 512 (Online) Retrieved 2011-10-26
  27. ^ Reid, I. Introduction and Property, p. 46
  28. ^ Reid, I. Introduction and Property, p. 52
  29. ^ Reid, I. Introduction and Property, p. 54
  30. ^ Stair, vol. 22, para. 515 (Online) Retrieved 2011-10-26
  31. ^ See Act of Spousal relationship 1707, Wikisource
  32. ^ Profiles: U.k. Supreme Justices, BBC News, thirty September 2009
  33. ^ Robinson, Fergus and Gordon, European Legal History, tertiary Edition, OUP, 2000 chapter 14
  34. ^ Devolved authorities in the United kingdom of great britain and northern ireland Archived 2011-11-03 at the Wayback Machine, Directgov, Retrieved 2011-10-22
  35. ^ a b Bradley & Ewing, p. 22, p. 64
  36. ^ Bradley & Ewing, p. xv
  37. ^ Royal Assent, Parliament of the United kingdom of great britain and northern ireland, Retrieved 2011-10-22
  38. ^ Parliamentary Sovereignty, Parliament of the United Kingdom, Retrieved 2011-ten-22
  39. ^ Wagner, Adam. Does parliamentary sovereignty still reign supreme?, The Guardian, 27 January 2011
  40. ^ European union: Is Great britain still a sovereign land?, The Daily Telegraph, 17 September 2009
  41. ^ Boyle, pp. 309, 311
  42. ^ Legal lodge -Scotland, European Commission, Retrieved 2011-10-22
  43. ^ Scott, Kirsty. Fox hunting group fails to overturn Scottish ban, The Guardian, one August 2002
  44. ^ Purple Assent, The Open up University, Retrieved 2011-ten-22
  45. ^ For an case see The Advice Middle for Mortgages Limited v Frances McNicoll [2006] CSOH 58
  46. ^ Reasoning by Precedent, Introduction to the Scottish Legal System equally a Mixed Legal System, ErasmusLaw, Retrieved 2011-10-22
  47. ^ a b The Criminal Courts, Good for you & Safety Executive, Retrieved 2011-10-22
  48. ^ Final Appellate Jurisdiction in the Scottish Legal System, Scottish Authorities, Retrieved 2011-10-22
  49. ^ a b Stair, vol. 22, para. 359 (Online) Retrieved 2011-ten-26
  50. ^ Barrow, p. 59
  51. ^ Reid, I. Introduction and Property, p. 29
  52. ^ Davidson, p. 253
  53. ^ a b Stair, vol. 22, para. 538 (Online) Retrieved 2011-11-18
  54. ^ a b Stair, vol. 22, para. 537 (Online) Retrieved 2011-11-18
  55. ^ Stair, vol. 22, para. 535 (Online) Retrieved 2011-eleven-18
  56. ^ Smith, p. 32
  57. ^ Erskine I, 1, 43
  58. ^ Stair, vol. 22, para. 531 (Online) Retrieved 2011-11-21
  59. ^ Stair, vol. 22, para. 530 (Online) Retrieved 2011-eleven-21
  60. ^ White, p. 170
  61. ^ The Scottish Parliament and the Scottish Government - what is the deviation? [ permanent expressionless link ] , The Scottish Parliament, Retrieved 2011-11-21
  62. ^ a b Answers to Often Asked Questions, The Scottish Parliament, Retrieved 2011-xi-21
  63. ^ The function and functions of the Lord Advocate [ permanent dead link ] , Scottish Government, Retrieved 22-xi-2011
  64. ^ a b c Scottish Parliament. Judiciary and Courts (Scotland) Act 2008 every bit amended (meet also enacted form), from legislation.gov.uk.
  65. ^ Justice of the Peace Courts, Scottish Courts, Retrieved 2011-xi-24
  66. ^ a b Courts of police force, Citizens Advice Bureau, Retrieved 2011-11-24
  67. ^ Agency, The Zen (thirty October 2015). "An overview of the new Sheriff Entreatment Courtroom". world wide web.bto.co.uk. BTO Solicitors LLP. Retrieved 3 April 2017.
  68. ^ McCallum, Frazer (1 June 2016). "The Scottish Criminal Justice System:The Criminal Courts" (PDF). parliament.scot. Scottish Parliament Information Centre. Retrieved 6 April 2017.
  69. ^ a b Scottish Parliament. Courts Reform (Scotland) Deed 2014 equally amended (see also enacted class), from legislation.gov.united kingdom.
  70. ^ Minor claims actions, Shelter Scotland, Retrieved 2011-eleven-24
  71. ^ a b Ordinary cause actions, Shelter Scotland, Retrieved 2011-xi-24
  72. ^ Stachura, Karen (25 June 2015). "Scottish Court Reform – What insurers need to know". world wide web.bto.co.great britain. BTO Solicitors LLP. Retrieved 9 April 2017.
  73. ^ "Personal Injury Specialist Sheriffs Appointed | Media and Publications | Judiciary of Scotland". www.scotland-judiciary.org.uk. Judicial Part for Scotland. 22 September 2015. Retrieved 9 April 2017.
  74. ^ The Court of Justice of the Eu, Europa: Gateway to the European Union, Retrieved 2011-10-22
  75. ^ "The Office of Senator of the Higher of Justice" (DOC). www.judicialappointments.scot. Judicial Appointments Board for Scotland. March 2016. Retrieved 4 April 2017.
  76. ^ Judicial Office for Scotland (March 2016). "The Office of Sheriff Master". www.judicialappointments.scot. Judicial Appointments Board for Scotland. Retrieved 4 April 2017.
  77. ^ "Sheriffs - Judicial Office Holders - Most the Judiciary - Judiciary of Scotland". world wide web.scotland-judiciary.org.uk. Judicial Function for Scotland. 2017. Archived from the original on 17 Baronial 2018. Retrieved 3 April 2017.
  78. ^ "Summary Sheriffs - Judicial Office Holders - About the Judiciary - Judiciary of Scotland". world wide web.scotland-judiciary.org.uk. Judicial Office for Scotland. 2017. Retrieved three April 2017.
  79. ^ "Justices of the Peace - Judicial Office Holders - Almost the Judiciary - Judiciary of Scotland". world wide web.scotland-judiciary.org.u.k.. Judicial Office for Scotland. 2017. Retrieved three April 2017.
  80. ^ Palmer, p. 213
  81. ^ including legal persons

References [edit]

  • Barrow, Geofrey. Kingship and Unity: Scotland 1000–1306. Edinburgh University Printing, 1989. ISBN 978-0-7486-0104-2
  • Boyle, Alan; Himsworth, Chris; MacQueen, Hector. Human being Rights and Scots Law: Comparative Perspectives on the Incorporation of the ECHR. Hart Publishing, 2002. ISBN 978-1-84113-044-6
  • Bradley, Anthony Wilfred; Ewing, Keith D. Constitutional and Administrative Constabulary. Pearson Educational activity, 2007. ISBN 978-1-4058-1207-8
  • Davidson, Fraser; MacGregor, Laura. Commercial Police in Scotland. W. Green & Son, 2008. ISBN 978-0-414-01610-ane
  • Erskine, An Institute of the Law of Scotland
  • Gretton, George; Steven, Andrew. Property, Trusts and Successions. Tottel Publishing, 2009. ISBN 978-1-84592-153-viii
  • Jones, Timothy; Christie, Michael. Criminal Law. W. Green & Son, 2008. ISBN 978-0-414-01683-5
  • Palmer, Veron. Mixed jurisdictions worldwide: the 3rd legal family. Cambridge University Press, 2001. ISBN 978-0-521-78154-1
  • Reid, Kenneth; Zimmerman, Reinhard. A History of Private Law in Scotland: I. Introduction and Property. Oxford University Press, 2000. ISBN 0-19-829941-9
  • Reid, Kenneth; Zimmerman, Reinhard. A History of Private Police in Scotland: Two. Obligations. Oxford Academy Printing, 2000. ISBN 0-nineteen-829941-9
  • Smith, Thomas. A Short Commentary on the Law of Scotland. Dark-green & Son Ltd, 1962.
  • The Laws of Scotland: Stair Memorial Encyclopaedia, Lexis Library.
  • Tetley, William Q.C. Mixed Jurisdictions: common law vs. civil law (codified and uncodified). 4 Uniform 50. rev. (N.S.), 1999.
  • Thomson, Stephen, Mixed Jurisdiction and the Scottish Legal Tradition: Reconsidering the Concept of Mixture (2014) 7(one) Journal of Ceremonious Law Studies 51-91
  • White, Robin; Willock, Ian. The Scottish Legal System. Tottel Publishing, 2007. ISBN 978-0-406-00571-seven

External links [edit]

  • "Scottish Court Service".
  • "Law Society of Scotland".
  • "Kinesthesia of Advocates: Scottish Bar".
  • "Scottish Police Commission".
  • "Crown Part and Procurator Financial Service".

DOWNLOAD HERE

Posted by: sherrellappid1970.blogspot.com

Post a Comment

0 Comments