Scottish Jurisdiction
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Scottish Jurisdiction
Scots law () is the List of country legal systems, legal system of Scotland. It is a hybrid or mixed legal system containing Civil law (legal system), civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 History of Scots law, Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time, the Gaels in most of the country, with the Britons (historical), Britons and Anglo-Saxons in some districts south of the Forth and with the Scandinavian Scotland, Norse in the islands and north of the River Oykel. The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually i ...
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Parliament House, Edinburgh
Parliament House ( gd, Taigh na Pàrlamaid) in the Old Town, Edinburgh, Old Town in Edinburgh, Scotland, is a complex of several buildings housing the Supreme Courts of Scotland. The oldest part of the complex was home to the Parliament of Scotland from 1639 to 1707, and is the world's first purpose-built parliament building. Located just off the Royal Mile, beside St Giles' Cathedral, Parliament House is also the headquarters of the Faculty of Advocates, the Society of Writers to His Majesty's Signet, and the Society of Solicitors in the Supreme Courts of Scotland. Other buildings in the complex include the Advocates Library and the Society_of_Writers_to_His_Majesty%27s_Signet#The_Signet_Library, Signet Library. The entire complex is a Category A Listed building. History In the 17th century, the Parliament of Scotland did not have a dedicated permanent home. Between 1438 and 1561, it had usually met in the Old Tolbooth, Edinburgh, Tolbooth in Edinburgh, a building which al ...
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Continental Law
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the ''Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and ...
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Reserved Matters (Westminster)
In the United Kingdom, devolved matters are the areas of public policy where the Parliament of the United Kingdom has devolved its legislative power to the national assemblies of Scotland, Wales and Northern Ireland, while reserved matters and excepted matters are the areas where the Parliament retains exclusive power to legislate. The devolved administrations in Scotland, Wales and Northern Ireland have been granted power by the Parliament under their respective legislators in all areas except those which are reserved (or excepted in the case of Northern Ireland). However, because the Parliament acts with sovereign supremacy, it is still able to pass legislation for all parts of the United Kingdom, including in relation to devolved matters. Devolution of powers within the United Kingdom The devolution of powers are set out in three main acts legislated by the UK Parliament for each of the devolved governments in Scotland, Wales and Northern Ireland. The acts also include su ...
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Council Of Europe
The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in Europe. Founded in 1949, it has 46 member states, with a population of approximately 675 million; it operates with an annual budget of approximately 500 million euros. The organisation is distinct from the European Union (EU), although it is sometimes confused with it, partly because the EU has adopted the original Flag of Europe, European flag, created for the Council of Europe in 1955, as well as the Anthem of Europe, European anthem. No country has ever joined the EU without first belonging to the Council of Europe. The Council of Europe is an official United Nations General Assembly observers, United Nations Observer. Being an international organization, the Council of Europe cannot make laws, but it does have the ability to push for the enf ...
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European Convention On Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe,The Council of Europe should not be confused with the Council of the European Union or the European Council. the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity. The Convention established the European Court of Human Rights (generally referred to by the initials ECHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court. Judgments finding violations are binding on the States concerned and they are obliged to execute them. The Committee of Ministers of the Council of Europe monitors the ...
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Treaties Of The European Union
The Treaties of the European Union are a set of international treaties between the European Union (EU) member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives. The EU can only act within the competences granted to it through these treaties and amendment to the treaties requires the agreement and ratification (according to their national procedures) of every single signatory. Two core functional treaties, the Treaty on European Union (originally signed in Maastricht in 1992, aka The Maastricht Treaty) and the Treaty on the Functioning of the European Union (originally signed in Rome in 1957 as the Treaty establishing the European Economic Community, aka The Treaty of Rome), lay out how the EU operates, and there are a number of satellite treaties which are interconnected with them. The treaties have been repeatedly amended by other treaties over the 65 years since they were first si ...
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European Law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law".''Van Gend en Loos v Nederlandse Administratie der Belastingen'' (1963Case 26/62/ref> The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, currently unanimously agreed on by the governments of 27 member states. New members may join if they agree to follow the rules of the union, and existing states may leave according to their "own constitutional requirements".TEart 50 On the most sophisticated dis ...
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Anglo-Scottish Border
The Anglo-Scottish border () is a border separating Scotland and England which runs for 96 miles (154 km) between Marshall Meadows Bay on the east coast and the Solway Firth in the west. The surrounding area is sometimes referred to as "the Borderlands". The Firth of Forth was the border between the Picts, Picto-Gaels, Gaelic Kingdom of Alba and the Angles, Anglian Kingdom of Northumbria in the early 10th century. It became the first Anglo-Scottish border with the History of Anglo-Saxon England#English unification (10th century), annexation of Northumbria by Anglo-Saxon England in the mid-10th century. In 973, Kenneth II of Scotland, Kenneth, King of Scots attended the English king, Edgar the Peaceful, at King Edgar's council at Chester, his council in Chester. After Kenneth had reportedly done homage, Edgar rewarded Kenneth by granting him Lothian. Despite this transaction, the control of Lothian#Lothian under the control of the Angles, Lothian was not finally settle ...
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England And Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law. The devolved Senedd (Welsh Parliament; cy, Senedd Cymru) – previously named the National Assembly of Wales – was created in 1999 by the Parliament of the United Kingdom under the Government of Wales Act 1998 and provides a degree of self-government in Wales. The powers of the Parliament were expanded by the Government of Wales Act 2006, which allows it to pass its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is no equivalent body for England, which is directly governed by the parliament and government of the United Kingdom. History of jurisdiction During the Roman occupation of Britain, the area of present-day England and Wales was administered as a single unit, except f ...
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Legislature
A legislature is an assembly with the authority to make law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...s for a Polity, political entity such as a Sovereign state, country or city. They are often contrasted with the Executive (government), executive and Judiciary, judicial powers of government. Laws enacted by legislatures are usually known as primary legislation. In addition, legislatures may observe and steer governing actions, with authority to amend the budget involved. The members of a legislature are called legislators. In a democracy, legislators are most commonly popularly Election, elected, although indirect election and appointment by the executive are also used, particularly for bicameralism, bicameral legislatures featuring an upper chamber. Terminology ...
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Union With England Act 1707
The Acts of Union ( gd, Achd an Aonaidh) were two Acts of Parliament: the Union with Scotland Act 1706 passed by the Parliament of England, and the Union with England Act 1707 passed by the Parliament of Scotland. They put into effect the terms of the Treaty of Union that had been agreed on 22 July 1706, following negotiation between commissioners representing the parliaments of the two countries. By the two Acts, the Kingdom of England and the Kingdom of Scotlandwhich at the time were separate states with separate legislatures, but with the same monarchwere, in the words of the Treaty, "United into One Kingdom by the Name of Great Britain". The two countries had shared a monarch since the Union of the Crowns in 1603, when King James VI of Scotland inherited the English throne from his double first cousin twice removed, Queen Elizabeth I. Although described as a Union of Crowns, and in spite of James's acknowledgement of his accession to a single Crown, England and Scotland ...
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Parliament Of Scotland
The Parliament of Scotland ( sco, Pairlament o Scotland; gd, Pàrlamaid na h-Alba) was the legislature of the Kingdom of Scotland from the 13th century until 1707. The parliament evolved during the early 13th century from the king's council of bishops and earls, with the first identifiable parliament being held in 1235 during the reign of Alexander II, when it already possessed a political and judicial role. A unicameral institution, for most of its existence the Parliament consisted of the three estates of clergy, nobility, and the burghs. By the 1690s it comprised the nobility, the shires, the burghs, and various officers of state. Parliament gave consent for the raising of taxation and played an important role in the administration of justice, foreign policy, war, and the passing of a broad range of legislation. Parliamentary business was also carried out by "sister" institutions, such as General Councils or Conventions of Estates, which could both carry out much bu ...
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