In 1707 the Acts of Union were approved by the Westminster Parliament and by the Parliament of Scotland. With the Acts of Union, England and Scotland were declared united ‘by the Name of Great Britain’.
Scots law is a legal system which includes elements of civil law and common law. Scots law is based on several sources of law: the legislation or statute law, a written enactment of legal rules passed by the Parliament; the common law: judicial precedent, institutional writings and custom.
Legislation is the primary source of Scots law and it is decided and approved by the parliamentary will. There are three sources of legislation binding in Scots law:
- European legislation
- UK legislation
- Scottish legislation
The law-making power of the …show more content…
Regulations are directly applicable to EU Member States by giving rights to citizens. Directives instruct Member States to take action in their national legislatures. Treaties deal with broad objectives of EU law, such as freedoms or personal rights.
Another source of Scots law is the common law derived from the decisions of courts, known as judicial precedent. Judicial precedent refers to rules produced by the courts without the legislation. The main feature of judicial precedent is the so called ‘stare decisis’ which means that a subordinate court must be bound to a higher court decision.
The two main conditions that make a judicial precedent binding …show more content…
An example of a case of a binding judicial precedent is the case “Donoghue v Stevenson”: it was stated that the manufacturer is responsible for the product sold.
The institutional writings and the custom are other two sources of Scots law. Institutional writings are written by jurists about various areas of Scots law. The main topics covered by them are: early decision of the courts, Scottish customary practices and the laws of other jurisdictions.
One of the most important institutional writer was James Dalrymple who wrote ‘Institutions of Scots Law’ in 1681. It covered obligations, property and succession. Another important institutional writer was Baron D. Hume who wrote ‘Commentaries on the law of Scotland respecting Crimes (1797).
Although custom is a source of Scots law, today many customary practices have been blended into the law. However, in theory the custom can still be considered a source of law but the custom should be:
- recognised and practiced
- well-defined and certain
-recognise principles of
Scots law is a legal system which includes elements of civil law and common law. Scots law is based on several sources of law: the legislation or statute law, a written enactment of legal rules passed by the Parliament; the common law: judicial precedent, institutional writings and custom.
Legislation is the primary source of Scots law and it is decided and approved by the parliamentary will. There are three sources of legislation binding in Scots law:
- European legislation
- UK legislation
- Scottish legislation
The law-making power of the …show more content…
Regulations are directly applicable to EU Member States by giving rights to citizens. Directives instruct Member States to take action in their national legislatures. Treaties deal with broad objectives of EU law, such as freedoms or personal rights.
Another source of Scots law is the common law derived from the decisions of courts, known as judicial precedent. Judicial precedent refers to rules produced by the courts without the legislation. The main feature of judicial precedent is the so called ‘stare decisis’ which means that a subordinate court must be bound to a higher court decision.
The two main conditions that make a judicial precedent binding …show more content…
An example of a case of a binding judicial precedent is the case “Donoghue v Stevenson”: it was stated that the manufacturer is responsible for the product sold.
The institutional writings and the custom are other two sources of Scots law. Institutional writings are written by jurists about various areas of Scots law. The main topics covered by them are: early decision of the courts, Scottish customary practices and the laws of other jurisdictions.
One of the most important institutional writer was James Dalrymple who wrote ‘Institutions of Scots Law’ in 1681. It covered obligations, property and succession. Another important institutional writer was Baron D. Hume who wrote ‘Commentaries on the law of Scotland respecting Crimes (1797).
Although custom is a source of Scots law, today many customary practices have been blended into the law. However, in theory the custom can still be considered a source of law but the custom should be:
- recognised and practiced
- well-defined and certain
-recognise principles of