Scots administrative law
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Scots administrative law governs the rules of
administrative law Administrative law is the division of law that governs the activities of government agency, executive branch agencies of Forms of government, government. Administrative law concerns executive branch rule making (executive branch rules are gener ...
in
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 ...
, the body of
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 l ...
,
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 le ...
s,
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 democra ...
and
articles Article often refers to: * Article (grammar), a grammatical element used to indicate definiteness or indefiniteness * Article (publishing), a piece of nonfictional prose that is an independent part of a publication Article may also refer to: G ...
which provide the framework of procedures for
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 incompat ...
over government agencies and private bodies.


See also

* ''
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 ...
'' * ''
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 ...
'' *
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 ...
* ''
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 E ...
'' * ''
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 con ...
''


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 government agency, executive branch agencies of Forms of government, government. Administrative law concerns executive branch rule making (executive branch rules are gener ...
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