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Mindmap

Sources of Scots Law

Fiona Beattie Englisch

Mind map on Sources of Scots Law: custom, equity, legislation, judicial precedent and authoritative writings

Mind map: Sources of Scots Law

Inhalt der Mindmap

Sources of Scots Law

  1. Custom

    • Must be certain and notoious
    • Wilkie V Scottish Aviation Ltd 1956
  2. Equity

    • Fairness or resonableness
    • Exercise of the equitable power (NOBLE OFFICIUM) of the Court of Session or High Court of Justiciary. This is exercied as a last resort to declare actions unlawful or to grant a remedy where otherwise no remedy would be available.
      • Khaliq V HM Advocate
  3. Legislation

    • UK Constitution
      • The UK constitution cannot be found in a single document
      • Parliamentary sovereignty
        • The Sovereign Monarch - Queen Elizabeth II
          • Monarch's law making power was given to parliament by the Act of Settlement in 1700.
          • The Queen is only a figurehead
          • Some Royal Preogatives remain.
            • Appointment of Ministers (selected by the Prime Minister)
            • Dissolution of Parliament (on request of the Prime Minister)
            • Power of Pardon (the Royal Pardon)
          • House of Commons
            • Consists of elected members
            • Elected every 5 years
            • Role is to scrutinise legislation
            • Question the action of government ministers
            • Debate isues
            • Check the financial probity of the Government
          • House of Lords
            • Unelected members
            • Recently reformed
            • Mixture of elected and appointed
            • Reflect balance of political parties
            • Formaly had a judicial role now given to the Supreme Court
      • Legislation of UK Parliament most authoritative source of law in the UK
    • The UK is bound by EU legislation which is then passed in to law by the UK parliament
    • The UK parliament is the supreme law making body in the UK.
    • The Scotland Act 1998 devolved most matters relating to Scotland to the Scottish Parliament. UK parliament retains the powers to legislate on matters contained in the "reserved matters2 list - Schedule 5 of the 1998 Act.
  4. Authoritative Writings / Industrial Writers

    • Mainly 17th and 18 Century writers
    • Statement of an idustrial writer has same force as a decision of the Inner House of the Court of Session
    • List is now closed
  5. Judicial Precedent / Case Law

    • Scotland has a separate Court System from England, Wales and NI
    • English and Scots Law relies heavily on a system of judicial precedent
    • Judge made law taken from decisions in individual cases
      • The precedent must be on the same point of law
      • It must have been RATIO DECIDENDI and not OBITER DICTA
      • It must have been made by a higher court.
    • A court is bound to follow the principles of law set down in previous cases by a higher court.

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Beschreibung
Highlights the main sources of Scots law
Erstellt von
Fiona Beattie
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