A course on the Scottish legal system is a compulsory part of undergraduate degrees in Scots Law. The Scottish Legal System sets out to present the 'legal system and law of Scotland as a unique and constantly changing human enterprise' and places the Scottish legal system in its broader political and social contexts.
This is achieved by covering not only the central aspects of the system, such as the courts and the legal profession, but also the border areas with constitutional law and jurisprudence.
This new sixth edition includes new case law on devolution and human rights issues in Scotland. This well established text provides an up-to-date treatment of all significant developments affecting the Scottish legal system.
Read an extract of The Scottish Legal System
Table of Contents
1 Introduction 2 Scotland – nation and state 3 Institutions – the constitutional background 4 Institutions – courts, tribunals, judges and procedure 5 Sources of law 6 Legislation – European Union law 7 Legislation – United Kingdom Parliamentary legislation (including the Human Rights Act 1998) 8 Legislation – Acts of the Scottish Parliament 9 Legislation – United Kingdom delegated legislation 10 Legislation – Scottish delegated legislation 11 Legislation – application, construction and interpretation: statutory interpretation 12 Precedent – ratio decidendi, obiter dicta and stare decisis 13 Precedent – law reports 14 Legal services 15 Law reform Appendix 1 A note on the nature of rules Appendix 2 Scottish Courts (simplified) English and Welsh Courts (simplified) Northern Ireland Courts (simplified) Appendix 3 'Europe'