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Scots Administrative Law
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Scots administrative law governs the rules of administrative law in Scotland, the body of case law, statutes, secondary legislation and articles which provide the framework of procedures for judicial control over government agencies and private bodies. See also * '' Bannatyne v Overtoun'' * ''Burmah Oil Co Ltd v Lord Advocate'' * Judicial review in Scotland * ''MacCormick v Lord Advocate'' * ''West v Secretary of State for Scotland'' References Further reading *''A source book and history of administrative law in Scotland'', by various authors, edited by M.R. McLarty, assisted by G. Campbell H. Paton, London, W. Hodge, 1956 Administrative law Administrative law is the division of law that governs the activities of executive branch agencies of government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as "regulations"), ad ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Law
Administrative law is the division of law that governs the activities of executive branch agencies of government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as "regulations"), adjudication, or the enforcement of laws. Administrative law is considered a branch of public law. Administrative law deals with the decision-making of such administrative units of government that are part of the executive branch in such areas as international trade, manufacturing, the environment, taxation, broadcasting, immigration, and transport. Administrative law expanded greatly during the twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction. Civil law countries often have specialized administrative courts that review these decisions. In civil law countries Unlike most common law jurisdictions, most civil law jurisdict ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scotland
Scotland (, ) is a Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, 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 of Scotland, 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 Subdivisions of Scotland, administrative subdivisions or local authorities, known as council areas. Glasgow, Glasgow City is the largest council area in terms of population, with Highland (council area), Highland being the largest in terms of area. Limi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Aust ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publicat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Secondary Legislation
Primary legislation and secondary legislation (the latter also called delegated legislation or subordinate legislation) are two forms of law, created respectively by the legislative and executive branches of governments in representative democracies. Primary legislation generally consists of statutes, also known as 'acts', that set out broad outlines and principles, but delegate specific authority to an executive branch to make more specific laws under the aegis of the principal act. The executive branch can then issue secondary legislation (often by order-in-council in parliamentary systems, or by regulatory agencies in presidential systems), creating legally enforceable regulations and the procedures for implementing them. Australia In Australian law, primary legislation includes acts of the Commonwealth Parliament and state or territory parliaments. Secondary legislation, formally called legislative instruments, are regulations made according to law by the executive or j ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Articles Of Association
In corporate governance, a company's articles of association (AoA, called articles of incorporation in some jurisdictions) is a document which, along with the memorandum of association (in cases where it exists) form the company's constitution, and defines the responsibilities of the directors, the kind of business to be undertaken, and the means by which the shareholders exert control over the board of directors. Articles of association are very critical documents to corporate operations, as they may regulate both internal and external affairs. Articles of incorporation, also referred to as the certificate of incorporation or the corporate charter, is a document or charter that establishes the existence of a corporation in the United States and Canada. They generally are filed with the Secretary of State in the U.S. State where the company is incorporated, or other company registrar. An equivalent term for limited liability companies (LLCs) in the United States is articl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Control
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bannatyne V Overtoun
''Bannatyne v Overtoun'' 904AC 515 (also called ''General Assembly of the Free Church of Scotland v Lord Overtoun: Macalister v Young'' 1904 7 F (HL) 1 and known as the ''Free Church case''), was a protracted legal dispute between the United Free Church of Scotland (which was a union in 1900 of the majority Free Church of Scotland with the United Presbyterian Church of Scotland) and the minority of the Free Church who had remained outside of the union (see Free Church of Scotland (post 1900)). Facts The minority of the Free Church, which had refused to join the union, quickly tested its legality. They issued a summons claiming that, in altering the principles of the Free Church, the majority had forfeited the right to its assets, which should belong to the remaining minority, who were the true ‘Free Church’. However, the case was lost in the Court of Session where Alexander Low, Lord Low (upheld by the second division) ruled that the Assembly of the original Free Church had a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Burmah Oil Co Ltd V Lord Advocate
''Burmah Oil Company Ltd v Lord Advocate'' 965AC 75, was a court case, raised in Scotland, and decided ultimately in the House of Lords. The case is an important decision in British constitutional law and had unusual legal repercussions at the time. Facts This case concerned the destruction of oil fields in Burma belonging to the Burmah Oil Company by British forces during the Japanese invasion of Burma in 1942. The destruction was ordered in order to prevent the installations from falling into the hands of the advancing Imperial Japanese Army. Burmah Oil brought an action against the UK government, represented by the Lord Advocate. In the Outer House of the Court of Session, Lord Kilbrandon found in favour of Burmah Oil. The Crown appealed, and the First Division of the Inner House of the Court of Session unanimously reversed the decision below. Burmah Oil then appealed to the House of Lords. Judgment The House of Lords held by a 3–2 majority that although the damage w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Review In Scotland
Judicial review in Scotland is a part of United Kingdom constitutional law that functions within the framework of Scots administrative law. The power of judicial review of all actions of governmental and private bodies in Scotland is held by the Court of Session. The procedure is governed by Chapter 58 of the Rules of Court. Approximately 600 judicial review cases are raised every year, but most are settled by agreement with only a small minority having to be decided by the court. Procedure There is a 3-month time limit on seeking judicial review (see Courts Reform (Scotland) Act 2014), although if proper administration is prejudiced by delay on the part of the pursuer, the court may exercise its discretion and refuse to grant a review. Despite the procedural differences, the substantive laws regarding the grounds of judicial review in Scotland are similar to those in other western legal systems, with decisions in one jurisdiction regarded as highly persuasive in the others. Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
West V Secretary Of State For Scotland
''West v Secretary of State for Scotland'' 1992 SC 385 (IH), 1992 SLT 636, (also reported as ''West v Scottish Prison Service'', 1992 SCLR 504) is the leading case on judicial review in Scotland and sets out in detail the present law. It sets a contrast to the position on judicial review in English law. The petitioner complained that on being moved from his employment at one prison to another, he had been told that his moving expenses would be paid, but that they were not. The respondent said that the terms of his employment were that he was to be mobile, and that as a Crown employee his terms of employment were variable at the instance of the crown. Held: Wherever there is an excess or abuse of the power or jurisdiction which has been conferred on a decision-maker, the Court of Session has the power to correct it. Judgment The Court of Session held that does not require that the decision complained should have any public law element in order to be reviewable: … the Court of Se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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