How Did The British Influence On Scots Law

Common law is the system of laws, which originated and were developed in England, that are “based on court decisions, on the doctrines implicit in those decisions, and on customs and usages rather than on codified written laws” (Melvin, 2011). In other words, common law is law that is made by judges not by the legislature. It is law that is based on court precedent and it evolves over time. Statutory law, which is also referred to as statute law “is written law established by enactments

Domitus Ulpian said, “Justice is the constant and perpetual will to allot to every man his due.” Justice is what allows a society to operate and function. It is upheld and enforced by a system of rules known simply as the law which are officially recognised and imposed on states to govern behavior. Some form of law has always existed in human history whether it be in an unwritten customary form or in a written format like a constitution (Milgate P, 2013). The law and legal system around the world has developed throughout history to the point that there are many different categories and sub categories of law. In modern day Australia, the legal system has been modelled after the English system. This is a combination of statute and common

During the 13th century, Scotland was under England’s control, because England was ruling over Scotland, it gave England more power. Englishmen, especially the police officers, were corrupt against the Scotsman and treated them unfairly. Englishmen forcibly confiscated anything they wanted from the Scottish population, and had no regrets. In example, a commissioned comment from the English government says,

3) Lawyers in the 17th and 18th centuries (called 'institutional writers ') wrote books setting out the principles on which Scots law is based. Many of these principles were based on Roman law. Lawyers in Scotland today still look at what the institutional writers said about the law and apply these principles to modern day situations. Their authority is always less than that of legislation and case-law, and so the court must always apply the legislation or the binding precedent in the event of a conflict.

This therefore brings power closer to the Scottish people, through the Scottish Parliament, but in hand it takes power away from the English people. This may be because there is no purely English devolved body in comparison to the Scottish Parliament, Welsh Assembly and Northern Ireland Assembly. Power is also brought closer to the people as devolved bodies can hold referendums; however, on the other hand, they are limited on what they can hold referendums about.

To begin, common law originated in Medieval England in the time of King Henry II. The practice developed sending circuit judges from the King’s central court to travel throughout England to hear the various disputes. The aim of these courts (assizes) was to add consistency and fairness to the legal system. Alongside the traveling courts King Henry also established the jury system. Over time these judges recorded the information of each case they heard as well as the decisions and punishments that were ordered. This is known as case law or common law. This began a justice system that relied on the principle of stare decisis or “to stand by the decision”. This principle developed into the rule of precedent which was used to apply the previous decision to a case with similar circumstance. This system was used throughout the country and thus was known as common law. As the English began colonizing Canada they brought their legal systems with them, which greatly influenced today’s legal system.


In 1979, The Scots become asked whether they wanted a Scottish parliament or not, 52% of voters said they did—but the number was too low to accept it. Years went by, the and in 1997, over 74% of Scots voted for a parliament, which become duly formed. In 1999 Scotland got its own parliament. England still holds Scotland in an iron grip, because even though they have their own parliament, they don’t have the right to say much. Scotland getting its own government, gave them a little taste of

The Scots are from Scotland, they emerged from an amalgamation of the Picts and Gaels. Their descent are from different places around the world. https://en.wikipedia.org/wiki/Scottish_people

Professor Compagnoni effectively outlined the characteristics of different legal systems in Class IV, and rereading her class slides was helpful in understanding the subtleties of legal system associated with my source text, French Civil Law, based on the Napoleonic code (code civil of 1804). I then related that to the legal system as it functions in Canada, making note of the most prominent differences, and being cognizant of those as I embarked upon my translation. N.B.: In my view, the term "legal system" refers to the nature and content of the law generally, and the structures and methods whereby it is legislated upon, adjudicated upon and administered, within a given jurisdiction. Common law and civil law legal traditions share similar social objectives (individualism, liberalism and personal rights), but they diverge in several key areas.

“Ruling” Scotland, so to speak would not be any easy task. The issues that Scotland, and the rest of the world, face on a regular basis is perhaps at one of its highest points of the past few decades. It is crucial that world leaders help those who are in desperate need of help, by not turning a blind eye to the struggles that people throughout the world, and in Scotland, endure daily.

Writers, lawyers in the 17th and 18th centuries wrote books setting out principles on which Scots law is based, many based on roman Law, lawyers apply the principles to situations, e.g. Stair, Bell, Erskine.

The Act of Union of 1707 brought together the two independent nations of Scotland and England to create a new United Kingdom. This new Kingdom in the opinion of the English ensured political and military stability on the Island of Great Britain, neutralizing the Scottish MP’s by absorbing them into the Westminster system.

The first issue is the UK Government’s ability to convert all EU law to UK law as well as Scotland’s power to block the ‘Great Repeal Bill.’ The problem which exists with the proposed bill is that some parts of EU law relate directly to issues which have been devolved to Scotland, for example; agriculture, fishing in Scottish waters and environmental law. If the Bill were to convert EU laws on devolved matters into UK law then the UK Government would be legislating on areas out-with its reserved functions. According to the ‘Sewel convention’ the legislative consent of the Scottish Parliament is required when Westminster legislation concerns devolved matters. As a constitutional convention, the ‘Sewel Convention’ is more of a political tool,

Common law - that part of the English law not embodied in legislation. It consists of rules of law based on common custom and usage and on judicial court decisions. English common law became the basis of law in the USA and many other English-speaking countries.

The United Kingdom of Great Britain and Northern Ireland consisted of England, Wales, Scotland and Northern Ireland. It achieved its present form in 1922 after the partition of Northern Ireland. England and Wales have a combined Judicial system and Scotland and Northern Ireland have their own independent judicial systems under the Act of 1707 and 1800. There is no single written constitution for The U.K. The Constitutional Laws of the UK contain Statute Law, Case Law and Constitutional Convention. They do not have any statutory authority but do consist the binding force. The relationship between the Sovereign (the Queen) and the parliament is rather conventional than statutory. The ministry of Justice is the responsible government body for the justice system and the constitutional policy. The head of the body is called the Lord Chancellor and the Secretary of State for Justice. The cabinet office has the duty to look over specific areas of the constitutional policy that are devolution election and the royal succession.