Mapa mental
Sources of Scots Law

Mind map: Sources of Scots Law
Conteúdo do mapa
Sources of Scots Law
Custom
- Must be certain and notoious
- Wilkie V Scottish Aviation Ltd 1956
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
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
- The Sovereign Monarch - Queen Elizabeth II
- 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.
- UK Constitution
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
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.
Informações
- Descrição
- Highlights the main sources of Scots law
- Criado por
- Fiona Beattie
- Visualizações
- 211
- Tags
- Avaliação