The Scottish Legal System

by Megan Dewart

Overview

A course on the Scottish legal system is a compulsory part of undergraduate degrees in Scots Law. The Scottish Legal System sets out to present the 'legal system and law of Scotland as a unique and constantly changing human enterprise' and places the Scottish legal system in its broader political and social contexts.

This is achieved by covering not only the central aspects of the system, such as the courts and the legal profession, but also the border areas with constitutional law and jurisprudence.

This new sixth edition includes new case law on devolution and human rights issues in Scotland. This well established text provides an up-to-date treatment of all significant developments affecting the Scottish legal system.

This title is included in Bloomsbury Professional's Scottish Law and Scots Law Student online services.

Product Details

ISBN-13:	9781526506351
Publisher:	Bloomsbury Publishing
Publication date:	02/19/2019
Sold by:	Barnes & Noble
Format:	eBook
Pages:	432
File size:	4 MB

About the Author

Megan Dewart is Law Clerk to Lord Carloway Lord President and is a tutor in law at Edinburgh University.
Megan Dewart is an Advocate at Axiom Advocates. Megan called to the Bar in 2019 as the Lord Reid Scholar 2018-2019. Prior to this she worked for three years as Law Clerk to the Lord President, Lord Carloway. During that time, she assisted with all aspects of his work as an appellate judge in both civil and criminal cases, including many commercial and public law appeals. Megan previously trained and practised as a solicitor at Simpson&Marwick.

Table of Contents

1 Introduction
2 Scotland – nation and state
3 Institutions – the constitutional background
4 Institutions – courts, tribunals, judges and procedure
5 Sources of law
6 Legislation – European Union law
7 Legislation – United Kingdom Parliamentary legislation (including the Human Rights Act 1998)
8 Legislation – Acts of the Scottish Parliament
9 Legislation – United Kingdom delegated legislation
10 Legislation – Scottish delegated legislation
11 Legislation – application, construction and interpretation: statutory interpretation
12 Precedent – ratio decidendi, obiter dicta and stare decisis
13 Precedent – law reports
14 Legal services
15 Law reform
Appendix 1
A note on the nature of rules
Appendix 2
Scottish Courts (simplified)
English and Welsh Courts (simplified)
Northern Ireland Courts (simplified)
Appendix 3
'Europe'