Statutes as a source of law emanates from the legislative body of the United Kingdom.
Scotland Parliament can pass legislation on devolved matters Examples of Statutes: Abolition of Bridge Tolls (Scotland) Act 2008 , Offences (Aggravation by Prejudice) (Scotland) Act 2009
Acts passed by the Scots Parliament only affect Scotland: The Age of Legal Capacity (Scotland) Act 1991, Licensing (Scotland) Act 1976 and Smoking, Health and Social Care (Scotland) Act 2005. The judicial committee of the privy council is a body that controls the ability for scots parliament to pass legislation in certain areas. If scot parliament did pass legislation in these areas they would be acting ULTRA VIRES.
The Scots and UK Parliament can be challenged buy: 1.Human Rights 2.European Union Law
Scottish civil courts : Sheriff court – The court of session(outer house) – The court of session(inner house) – The house of lords
Scottish criminal courts: The district court - The sheriff court – The high court of justiciary (trial court) - The high court of justiciary (appeal court)
The UK Parliament can pass legislation on reserved matters.
Examples of Statutes: Sale of Goods Act 1979 Unfair Contract Terms Act 1977
Acts passed by the UK Parliament which effect Scotland: Data Protection Act 1998
Companies Act 2006, Sex Discrimination Act 1975
They also have the power to abolish the scot parliament. It also can reduce or increase scots parliament’s powers. The UK parliament has a lesser role in passing legislation for Scotland.
The Scotland Act 1998 created the Scotland Parliament. Challenged buy Human Rights European Union Law
Judicial Committee of the Privy Council (Scots Parliament Only)
Human Rights Act 1998 says you have the right to life, Freedom from torture or inhuman treatment or degrading treatment or punishment, The right to a fair trial and The right to marry and found a family
European Court of Human Rights based in Strasburg
European Communities Act 1972 the UK joined the EU.
R v Secretary of State, ex parte Factortame and others (No2) 1991
Delegated legislation: (it’s a type of body that can create legislation instead of the parliament. This helps enable section of an act of parliament) It is the power given by Parliament to a minister or another to make law. Examples are:
Statutory Instruments: The need for statutory instruments are Pressure on Parliamentary, Time Technicality of the Subject matter and The Need for Flexibility.
Byelaws: Byelaws are needed for: “good rule and government” Government (Scotland) Act 1973. Examples of bye laws: Countryside (Scotland) Act 1967 Children and Young Persons (Scotland) Act 1937
Water (Scotland) Act 1980.bye-law is passed by the council. Breach of a Bye-law Summary procedure in the Sheriff Court or in certain instances the Justice of the Pease Court usually a fine. Legal Controls on Bye-laws: The must be intra vires. They must not be offensive to the general law. They must be certain. They must be reasonable. THE HIGHLAND COUNCIL BYELAWS PROHIBITING CONSUMPTION OF ALCOHOLIC LIQUOR IN DESIGNATED PLACES (GRANTOWN ON SPEY) 2003
Common law developed in the middle Ages as the law common to the whole of Scotland, rather than local law. It has developed over the years and can be flexible to adapt to changes in society. Examples: Judicial Precedent In S v HM Advocate 1989. Equity In Roberts Petitioner 1901.custom.institutional writings. A legislative body creates statute In the UK and Scots Parliament. The common law is developed from judicial decisions. Statute law is superior to the common law if there is a contradiction between common law and statute then statute will be fallowed. Judges have the powers to interpret a statute. Common law can be changed by judicial decisions. Parliament can change an act of parliament trough a repeal. Judicial Precedent bound by the higher court's decision. When a judge makes a decision it is based on the application of legal
Introduction 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…
Scotland the “legal powers” to hold a referendum on independence, which is going to be held in 2014. “ For this reason it is a highly relevant and important issue which is being blasted from every media angle available. Firstly, the main concern of an independent Scotland is the tremendous cost. The question on many critics minds is - how are we going to afford it? As the “credit crunch” developed this resulted in the government using the publics money to keep the banking system on its toes –…
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CHAPTERS 4 & 5 The Founding of New England The Puritan Movement James I succeeded Elizabeth I in 1603 and vowed to purge England of all radical Protestant reformers--the Puritans most Puritans were Presbyterians and Congregationalists; they both embraced Calvin’s ideas, but differed in the organizational aspects of church Presbyterians: guided by higher governing bodies of ministers and laypersons Congregationalist: led by the congregation; each congregation conducts its own affairs; independent…
Scots rose in 1639 against Charles' introduction of the English Prayer Book into Scotland, the anti-royalist London merchants encouraged the invading Scots to capture Newcastle. This they did in 1640, totally disrupting the export of coal. The Scottish army remained in Newcastle for a year and charged the Corporation a regular…
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murder do so primarily because of our value systems. We receive moral teaching from our parents, family or friends, or a religious or social entity. Murder is evil because it robs a human being of his most valuable possession, life. Those who yield to the evil within, do so at times because of prior abuse, ideology, a lack of conscience or an unwholesome immoral upbringing dripping with incontinence. Consequently, the person without a moral value system is not able to overcome the resident evil that…
Tradition - The Seminoles’ ancient cultural roots in the Creek tradition have remained the defining factor in the tribe’s identity. Many of the spiritual observances, such as the Green Corn Dance, have been handed down from ancient Creek belief systems, which include the ritual smoking of tobacco. The Green Corn Dance is the Creek and Seminole celebration of New Year, a time for forgiveness, fasting and renewal. It is also a time for settling…
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