The Statutory Sources Of Law In Scotland
b) The more importantly looked at sources of law include legislation. These are European legislation, UK legislation and Scottish legislation. Although these are seen as the most important sources of law the Common Law sources must not be overlooked.
c) The Statutory sources of Law are constituted in three sources. This includes European legislation, UK legislation and Scottish legislation. The Common Law contains sources which are Judicial Precedent, Institutional Writings, Custom and Equity.
a) Statute is a word used to describe the action of a written law taking place by legislation. These laws are made by people who we …show more content…
The first one being European Union Legislation. This parliament is the most powerful and has the right to make laws on the UK’s behalf. This is due to the UK being a part of the European union and agreeing to the many treaties which were proposed when entering this contract.
The next parliament is the UK Parliament. This parliament does not have the power that the European Union Legislation does. The UK parliament is allowed to pass laws which focus on a certain area of the UK. An example of this would be to pass laws which only apply to Scotland. This makes the UK parliament higher to Scottish parliament as they have power over decisions made for Scotland.
The last parliament is the Scottish Parliament. In 1998 Scottish Parliament was given the right to pass laws that were not already being used by the UK. The country now has its own parliament building which is located in Edinburgh. The laws that can be passed by The Scottish Parliament are on matters such as health, education and planning.
c) The European Union Legislation can pass statutes by a co-decision process. This co-decision process is between the Council of the European Union and the European …show more content…
a) Institutional writings were made by institutional writers who were a select group and all lived and wrote in the 17th or 18th century. This closed group of people existed back when there was very little statutory law as well as formal recording of formal decisions. Although there are no current institutional writers, lawyers and judges still often use the work of institutional writers in cases where there is no legislation to decide what the common law is. Two examples of institutional writers are Hume and Bell.
b) A custom is a well-known rule of law for a specific area, it is when a long well-known practice is recognised as having the power of law. Together with judicial precedent, institutional writings and equity makes common law. A custom law must not conflict with Statutory law or Decided case law. Custom law mostly focused on laws which affected domestic rights, ownership and inheritance, contracts, and personal violence. Custom is now not often a source of new law. An example of custom law is legal rights of widows and children when a husband dies without leaving a