Judiciary And Courts (Scotland) Act 2008
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Judiciary And Courts (Scotland) Act 2008
The Judiciary and Courts (Scotland) Act 2008 is an Act of the Scottish Parliament passed in October 2008 to reform the courts of Scotland, to give statutory force to judicial independence, and to establish the Lord President of the Court of Session as Head of the Judiciary of Scotland. History Provisions Judicial independence Judicial independence is enshrined by Section 1 of the Act, which stipulates specific duties to uphold judicial independence on: * The First Minister of Scotland * The Lord Advocate * The Scottish Ministers * Members of the Scottish Parliament * and others "with responsibility for matters relating to the judiciary or the administration of justice" in Scotland; All of those specified are barred from using any form of special access to influence the judgements or decisions made by the judiciary of Scotland The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal case ...
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Kenny MacAskill
Kenneth Wright MacAskill (born 28 April 1958) is a Scottish politician who has been Member of Parliament (MP) for East Lothian since 2019. He previously served as Cabinet Secretary for Justice from 2007 to 2014 and was a Member of the Scottish Parliament (MSP) from 1999 to 2016. A former member of the Scottish National Party (SNP), he defected to the Alba Party in 2021, and serves as their depute leader. Born in Edinburgh and educated at Linlithgow Academy, MacAskill studied law at the University of Edinburgh and was a senior partner in a law firm in Glasgow. He was a long-standing member of the SNP's National Executive Committee and served as treasurer and vice convener of policy, before being elected at the 1999 Scottish Parliament election. He was convener of the Scottish Parliament Subordinate Legislation Committee from 1999 to 2001. Following the SNP's victory in 2007, MacAskill was appointed as Cabinet Secretary for Justice in the Scottish Government. In this role, he o ...
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Scotland
Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the north and west, the North Sea to the northeast and east, and the Irish Sea to the south. It also contains more than 790 islands, principally in the archipelagos of the Hebrides and the Northern Isles. Most of the population, including the capital Edinburgh, is concentrated in the Central Belt—the plain between the Scottish Highlands and the Southern Uplands—in the Scottish Lowlands. Scotland is divided into 32 administrative subdivisions or local authorities, known as council areas. Glasgow City is the largest council area in terms of population, with Highland being the largest in terms of area. Limited self-governing power, covering matters such as education, social services and roads and transportation, is devolved from the Scott ...
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Act Of The Scottish Parliament
An Act of the Scottish Parliament ( gd, Achd Pàrlamaid na h-Alba) is primary legislation made by the Scottish Parliament. The power to create Acts was conferred to the Parliament by section 28 of the Scotland Act 1998 following the successful 1997 referendum on devolution. Prior to the establishment of the Parliament under the 1998 Act, all post-union laws specific to Scotland were passed at the Westminster Parliament. Although the Westminster Parliament has retained the ability to legislate for Scotland, by convention it does not do so without the consent of the Scottish Parliament. Since the passing of the 1998 Act, the Westminster Parliament has passed five public general acts that apply only to Scotland. A draft Act is known as a Bill. Once it is passed by the Scottish Parliament and receives royal assent, the Bill becomes an Act and is then a part of Scots Law. Classification of legislation Public Bills A Public Bill is a Bill which is introduced by a Membe ...
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Lord President Of The Court Of Session
The Lord President of the Court of Session and Lord Justice General is the most senior judge in Scotland, the head of the judiciary, and the presiding judge of the College of Justice, the Court of Session, and the High Court of Justiciary. The Lord President holds the title of Lord Justice General of Scotland and the head of the High Court of Justiciary ''ex officio'', as the two offices were combined in 1836. The Lord President has authority over any court established under Scots law, except for the Supreme Court of the United Kingdom and the Court of the Lord Lyon. The current Lord President of the Court of Session is Lord Carloway, who was appointed to the position on 18 December 2015. They are paid according to salary group 1.1 of the Judicial Salaries Scale, which in 2016 was £222,862. Remit and jurisdiction Head of the judiciary As Lord President of the Court of Session and is the most senior judge in Scotland, the head of the judiciary, and the presiding judge of th ...
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Judiciary Of Scotland
The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access. The Lord President of the Court of Session is the head of Scotland's judiciary and the presiding judge of the College of Justice (which consists of the Court of Session and High Court of Justiciary.) As of May 2016, the Lord President was Lord Carloway, who was appointed in December 2015 having previously served as Lord Justice Clerk. The Lord President is supported by the Judicial Office for Scotland which was established on 1 A ...
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Judicial Independence
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important to the idea of separation of powers. Many countries deal with the idea of judicial independence through different means of judicial selection, or choosing judges. One way to promote judicial independence is by granting life tenure or long tenure for judges, which ideally frees them to decide cases and make rulings according to the rule of law and judicial discretion, even if those decisions are politically unpopular or opposed by powerful interests. This concept can be traced back to 18th-century England. In some countries, the ability of the judiciary to check the legislature is enhanced by the power of judicial review. This power can be used, for example, by mandating certain action when the ...
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First Minister Of Scotland
The first minister of Scotland ( sco, heid meinister o Scotland; gd, prìomh mhinistear na h-Alba ) is the head of the Scottish Government and keeper of the Great Seal of Scotland. The first minister chairs the Scottish Cabinet and is primarily responsible for the formulation, development and presentation of Scottish Government policy. Additional functions of the first minister include promoting and representing Scotland in an official capacity, at home and abroad. The first minister is nominated by the Scottish Parliament by fellow MSPs, and is formally appointed by the monarch. Members of the Scottish Cabinet and junior ministers of the Scottish Government as well as the Scottish law officers, are appointed by the first minister. As head of the Scottish Government, the first minister is directly accountable to the Scottish Parliament for their actions and the actions of the wider government. Nicola Sturgeon of the Scottish National Par ...
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Lord Advocate
, body = , insignia = Crest of the Kingdom of Scotland.svg , insigniasize = 110px , image = File:Official Portrait of Dorothy Bain QC.png , incumbent = Dorothy Bain KC , incumbentsince = 22 June 2021 , appointer = Monarch on the advice of the First Minister , department = Crown Office and Procurator Fiscal Service , deputy = Solicitor General for Scotland , termlength = , succession = , website = https://www.gov.scot/about/who-runs-government/cabinet-and-ministers/lord-advocate/ His Majesty's Advocate, known as the Lord Advocate ( gd, Morair Tagraidh, sco, Laird Advocat), is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament. They are the chief public prosecutor for Scotland and all prosecutions on indictment are conducted by the Crown Office and Procurator Fiscal Service in the Lord Advocate's name on behalf of the Monarch. The offi ...
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Member Of The Scottish Parliament
Member of the Scottish Parliament (MSP; gd, Ball Pàrlamaid na h-Alba, BPA; sco, Memmer o the Scots Pairliament, MSP) is the title given to any one of the 129 individuals elected to serve in the Scottish Parliament. Electoral system The additional member system produces a form of proportional representation, where each constituency has its own representative, and each region has seats given to political parties to reflect as closely as possible its level of support among voters. Each registered voter is asked to cast 2 votes, resulting in MSPs being elected in one of two ways: * 73 are elected as First past the post constituency MSPs and; * 56 are elected as Regional additional member MSPs. Seven are elected from each of eight regional groups of constituencies. Types of candidates With the additional members system, there are 3 ways in which a person can stand to be a MSP: * a constituency candidate * a candidate named on a party list at the regional election * an individua ...
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Judiciary Of Scotland
The judiciary of Scotland are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access. The Lord President of the Court of Session is the head of Scotland's judiciary and the presiding judge of the College of Justice (which consists of the Court of Session and High Court of Justiciary.) As of May 2016, the Lord President was Lord Carloway, who was appointed in December 2015 having previously served as Lord Justice Clerk. The Lord President is supported by the Judicial Office for Scotland which was established on 1 A ...
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Footnotes
A note is a string of text placed at the bottom of a page in a book or document or at the end of a chapter, volume, or the whole text. The note can provide an author's comments on the main text or citations of a reference work in support of the text. Footnotes are notes at the foot of the page while endnotes are collected under a separate heading at the end of a chapter, volume, or entire work. Unlike footnotes, endnotes have the advantage of not affecting the layout of the main text, but may cause inconvenience to readers who have to move back and forth between the main text and the endnotes. In some editions of the Bible, notes are placed in a narrow column in the middle of each page between two columns of biblical text. Numbering and symbols In English, a footnote or endnote is normally flagged by a superscripted number immediately following that portion of the text the note references, each such footnote being numbered sequentially. Occasionally, a number between brack ...
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