This report has been requested to explain the main sources of Business Law and its use in Scottish Law. Scots Law has two main areas of law: Civic Law and Criminal Law. These laws are made to protect people and make them feel secure.
Scottish criminal law deals with offences against people and offences against property, for example, murder, parking offences, and theft. Criminal law also covers public order offences e.g. intimidation and violence.
Scottish civic law is focused on non–criminal disputes, such as those related to business, personal relationships, divorce, contracts and debts.
Statute law is a written law agreed by legislation. It is different than judge-made common law or case law. Statute laws are rules that are formally recognised to deal with specific situations, and written down in code books. Statutory law comes into existence by categorisation. That means that a group of elected officials pass a law into effect. Such laws can be in response to existing impressions about what the law should be or in anticipation of issues to come.
Common law is the law created by judges when understanding statutory law. This is how clarification becomes very detail specific, because the courts make decisions that might differ from or explain the letter of the law. They base their decisions on the specific facts of that case. Other judges that wish to follow that example do so when the cases in front of them are factually similar.
The sources of legislation that are binding in Scots law are:
European Union
UK Parliament
Scottish Parliament
(Common Law Developed through time and practice).
1.1. The European Legislation
The European Union (EU) is an economic and political union which is located in Europe in Brussels. It consists of 785 members representing the 492 million citizens of the 28 Member States of The European Union.
The United Kingdom has been a member of the EU since January 1st 1973, Council of the European Union (also known as Council of Ministers) –main decision making and legislative body. Shares legislative power with the Parliament. Coordinates general economic policy. Concludes international agreements. Made up of ministers from member states. European Parliament – supervises the EC institutions; shares legislative power with the Council; shares budgetary power with the Council European Court of Justice- is the highest court in the EU. The Court was established in 1952 and is based in Luxembourg.
The types of (EU) Legislation are:
Treaties – outline the extensive aims of EU Law such as individual rights and freedoms.
Regulations – impose comprehensive guidelines that assist and ensure treaty goals are met.
Directives – teach member states to accomplish a specific result by passing domestic legislation.
Decisions – are completed on exact matters typically regarding commerce.
1.2. UK Parliament
Westminster, Palace of Westminster, Houses of Parliament, UK Parliament, Parliament – all represent the same institution and refer to the same building.
Legislation takes two main forms. Primary legislation consists of Acts of Parliament. Secondary, or delegated, legislation is generally made by Ministers under powers granted by Acts of Parliament. Most delegated legislation is in the form of Statutory Instruments.
Major laws in the UK pass through Parliament in the form of bills. Once bills have progressed through all of their stages the bill is sent to a Parliamentary Committee for consideration and the committee writes a report. Parliament refers back to the committee for a further report, Parliament considers the general principles of the bill then the whole parliament
