From: Kevan A Limond.
My research methodology involved the use of hard copy documents and internet sources which including; Encyclopaedia of Britannica, Ayr and Kilmarnock College student handouts, Scottish Government websites, UK Government websites and Wikipedia.
Q1. Identify developing Scot Law regards the following dates; 1314, 1532, 1603, 1707, 1972 and 1999?
June 23–24, 1314 – The Battle of Bannockburn took place between Scotland and England. The Scottish leader, “Robert the Bruce” led the Scottish Army to success. The political, social and military impact of this conflict enabled Scotland to gain full independence and Robert became Robert the 1st of Scotland. Eventually a treaty was made (Treaty of Northampton (1328)) with England which included the recognition by England of Robert 1st title as King of Scotland.
1532 – During this year King James V, brought into being the supreme Scottish court known as the Court of Session. This Court is still in existence and continues to carry out the work it was originally set up to perform regarding a vast range of civil cases.
1603 - King James VI Scotland was crowned King James I England. Thereafter the judges and privy councillors presided over Scotland on his behalf in his absence, because he was based in England. The Privy Council had extensive judicial as well as legislative and administrative functions these included, the Court of Session for civil cases and justice courts for criminal cases.
1707 - Act of Union between Scotland and England was implemented and the two countries became known as Great Britain. During the years (1703-1704) leading up to the union there had been a period of international tension which caused a precarious legislative warfare between the two independent governments and their parliament (N.B. since 1603 both countries had been under the same monarchy rule). It was recognised by the parliamentary representatives in England and Scotland that this conflict of interests was damaging to both countries and could not continue. It became clear that the solution to the differences could be found by not just having a sole monarch but also to have a single central government and therefore the union was agreed.
This benefited both countries because Scotland's required economic security (freedom of trade) and a supply of resources which could be provided by England.
1972 - Administration of Justice (Scotland) Act 1972 was introduced. This Act of Parliament provided greater judicial powers to the Scottish Courts which enabled the inspection of documents and other property with regard to an appeal process. This was an enabling Act which made it possible for an appeal to be presented to the House of Lords from the Court of Session regarding a proposal for a new trial.
1999 – Scottish Parliament re-established in Edinburgh where the representatives started working for Scotland as a direct result of the voting process which had taken place on Sept 11, 1997 when voters had overwhelmingly backed the creation of a Scottish Parliament with the ability to raise taxes, pass Act of Parliament and how public funding is allocated within the public sector.
Q2. List the main sources of Scottish Law?
Civil and Criminal Law are the two general areas of law. The laws deal with a huge range of offences and are processed in different ways by the various courts.
Act of Parliament (Statutes), these are the Laws passed by the governments in Scotland, England and by the Welsh Assembly.
Acts of Parliament passed in England can have legal powers in Scotland for example the Terrorist Asset-Freezing Etc. Act. 2010.
Statutory Instrument, enable specific Ministers to introduce orders (changes) by way of a faster procedures which may require very little or no debate in parliament and therefore into the statutes quicker.
Case Law refers to decisions made by the court which are then accepted as law.
Common Law, are…