MacCormick V Lord Advocate
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MacCormick V Lord Advocate
''MacCormick v Lord Advocate'' 1953 SC 396 was a Scottish constitutional law case and Scottish legal action on whether Queen Elizabeth II was entitled to use the numeral "II" as her regnal number in Scotland, as there had never been an earlier Elizabeth reigning in Scotland. Facts John MacCormick (the Rector of the University of Glasgow) and Ian Hamilton (then part of the Glasgow University Scottish Nationalist Association) contested the right of Queen Elizabeth II to style herself 'Elizabeth II' within Scotland. They claimed it was a breach of the Act of Union 1707 between England and Scotland, since Elizabeth I had been Queen of England but not of Scotland. The action was brought against the Crown, which was represented by the Lord Advocate, who is the most senior law officer in Scotland. Judgment The petition first came before Lord Guthrie, sitting as Lord Ordinary in the Outer House (the court of first instance in the Court of Session). He dismissed it; this was appealed t ...
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Inner House
The Inner House is the senior part of the Court of Session, the supreme civil court in Scotland; the Outer House forms the junior part of the Court of Session. It is a court of appeal and a court of first instance. The chief justice is the Lord President, with their deputy being the Lord Justice Clerk, and judges of the Inner House are styled ''Senators of the College of Justice'' or '' Lords of Council and Session''.Information on composition: Criminal appeals in Scotland are handled by the High Court of Justiciary sitting as the Court of Appeal. The Inner House is the part of the Court of Session which acts as a court of appeal for cases from the Outer House and from appeals in civil cases from the Court of the Lord Lyon, Scottish Land Court, and the Lands Tribunal for Scotland. It will hear appeals on questions of law from the Sheriff Appeal Court. It will also sit as a court of first instance in rare instances. The Inner House is always a panel of at least thr ...
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The Glasgow Herald
''The Herald'' is a Scottish broadsheet newspaper founded in 1783. ''The Herald'' is the longest running national newspaper in the world and is the eighth oldest daily paper in the world. The title was simplified from ''The Glasgow Herald'' in 1992. Following the closure of the ''Sunday Herald'', the ''Herald on Sunday'' was launched as a Sunday edition on 9 September 2018. History Founding The newspaper was founded by an Edinburgh-born printer called John Mennons in January 1783 as a weekly publication called the ''Glasgow Advertiser''. Mennons' first edition had a global scoop: news of the treaties of Versailles reached Mennons via the Lord Provost of Glasgow just as he was putting the paper together. War had ended with the American colonies, he revealed. ''The Herald'', therefore, is as old as the United States of America, give or take an hour or two. The story was, however, only carried on the back page. Mennons, using the larger of two fonts available to him, put it in th ...
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Winston Churchill
Sir Winston Leonard Spencer Churchill (30 November 187424 January 1965) was a British statesman, soldier, and writer who served as Prime Minister of the United Kingdom twice, from 1940 to 1945 Winston Churchill in the Second World War, during the Second World War, and again from 1951 to 1955. Apart from two years between 1922 and 1924, he was a Member of Parliament (United Kingdom), Member of Parliament (MP) from 1900 to 1964 and represented a total of five UK Parliament constituency, constituencies. Ideologically an Economic liberalism, economic liberal and British Empire, imperialist, he was for most of his career a member of the Conservative Party (UK), Conservative Party, which he led from 1940 to 1955. He was a member of the Liberal Party (UK), Liberal Party from 1904 to 1924. Of mixed English and American parentage, Churchill was born in Oxfordshire to Spencer family, a wealthy, aristocratic family. He joined the British Army in 1895 and saw action in British Raj, Br ...
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Scottish Parliament
The Scottish Parliament ( gd, Pàrlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyrood. The Parliament is a democratically elected body comprising 129 members known as Members of the Scottish Parliament (MSPs), elected for five-year terms under the additional member system: 73 MSPs represent individual geographical constituencies elected by the plurality (first-past-the-post) system, while a further 56 are returned as list members from eight additional member regions. Each region elects seven party-list MSPs. Each region elects 15 to 17 MSPs in total. The most recent general election to the Parliament was held on 6 May 2021, with the Scottish National Party winning a plurality. The original Parliament of Scotland was the national legislature of the independent Kingdom of Scotland and existed from the early 13th centur ...
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Sovereignty Of Parliament
Parliamentary sovereignty, also called parliamentary supremacy or legislative supremacy, is a concept in the constitutional law of some parliamentary democracies. It holds that the legislative body has absolute sovereignty and is supreme over all other government institutions, including executive or judicial bodies. It also holds that the legislative body may change or repeal any previous legislation and so it is not bound by written law (in some cases, not even a constitution) or by precedent. In some countries, parliamentary sovereignty may be contrasted with separation of powers, which limits the legislature's scope often to general law-making and makes it subject to external judicial review, where laws passed by the legislature may be declared invalid in certain circumstances. Many states have sovereign legislatures, including the United Kingdom, New Zealand, the Netherlands, Sweden, Norway, Denmark, Finland, Iceland, Barbados, Jamaica, Papua New Guinea, the Solomon Islands, an ...
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Royal Prerogative
The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in the government. It is the means by which some of the executive powers of government, possessed by and vested in a monarch with regard to the process of governance of the state, are carried out. Evolution In most constitutional monarchies, prerogatives can be abolished by Parliament as the courts apply the constitutional near-absolute of the supremacy of Parliament. In the Commonwealth realms this draws on the constitutional statutes at the time of the Glorious Revolution when William III and Mary II were invited to take the throne. In the United Kingdom the remaining powers of the royal prerogative are devolved to the head of the government which for more than two centuries has been the Prime Minister; the benefits, equally, such as m ...
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Numbering Of Monarchs
Regnal numbers are ordinal numbers used to distinguish among persons with the same name who held the same office. Most importantly, they are used to distinguish monarchs. An ''ordinal'' is the number placed after a monarch's regnal name to differentiate between a number of kings, queens or princes reigning the same territory with the same regnal name. It is common to start counting either since the beginning of the monarchy, or since the beginning of a particular line of state succession. For example, Boris III of Bulgaria and his son Simeon II were given their regnal numbers because the medieval rulers of the First and Second Bulgarian Empire were counted as well even if the present Bulgarian state dated only back to 1878 and were only distantly related to the previous Bulgarian states. On the other hand, the kings of England and kings of Great Britain and the United Kingdom are counted starting with the Norman Conquest. That is why the son of Henry III of England is counted ...
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Treaty
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations An international organization or international organisation (see spelling differences), also known as an intergovernmental organization or an international institution, is a stable set of norms and rules meant to govern the behavior of states a ..., individuals, business entities, and other legal persons. A treaty may also be known as an international agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms. However, only documents that are legally binding on the parties are considered treaties under international law. Treaties vary on the basis of obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply ...
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Court Of First Instance
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the co ...
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Lord Ordinary
A Lord Ordinary is any judge in the Outer House The Outer House (abbreviated as CSOH in neutral citations) is one of the two parts of the Scottish Court of Session, which is the supreme civil court in Scotland. It is a court of first instance, although some statutory appeals are remitted t ... of the Scottish Court of Session. References Court of Session Scots law legal terminology Judiciary of Scotland {{Scotland-law-stub ...
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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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The Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different meanings depending on context. It is used to designate the monarch in either a personal capacity, as Head of the Commonwealth, or as the king or queen of their realms (whereas the monarchy of the United Kingdom and the monarchy of Canada, for example, are distinct although they are in personal union). It can also refer to the rule of law; however, in common parlance 'The Crown' refers to the functions of government and the civil service. Thus, in the United Kingdom (one of the Commonwealth realms), the government of the United Kingdom can be distinguished from the Crown and the state, in precise usage, although the distinction is not always relevant in broad or casual usage. A corporation sole, the Crown is the legal embodiment of execut ...
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