LEGAL SYSTEMS

Comparison Of The Legal Systems Between Scotland And The Isle Of Man

Comparison Of The Legal Systems Between Scotland And The Isle Of Man

Scotland Legal Systems

Even as late as 1900, law in Scotland remained predominately un-enacted in character, or in other words based more on court decisions and the writings of certain eminent jurists than on Acts of Parliament. The twentieth century, however, marked by the passing of legislation on an unprecedented scale (White 2007 45). Some of this legislation was novel, making provision for subjects for which, in 1900, there was no law at all: for example, town and country planning, immigration, road traffic, food standards, and discrimination on grounds of race, gender, and age. Rather more of it elaborated on areas on which there had been previous but often meagre statute or case law: for example, taxation, the environment, education, health, and so on.

Much statute law was constitutional law (i.e. law concerned with the relationship between state and citizen), and its growth tracked the growth in the role of the state itself, leading in turn to a new and vigorous branch of law in which decisions of public officials reviewed by the courts. Increasingly statute intruded even into private law (i.e. the law concerned with relations between citizens), where, typically, it was a response sometimes grudging and often late in the day to social and economic change (Waldron 2003 18). So for example, under legislation passed in 1939, it finally became possible to marry in a registry office; after 1964 more of the property of a person who died without a will. It inherits by that person's spouse and a great deal less by the eldest son; divorce on grounds other than the fault of one of the parties first became available in 1976. It extends in 2006; the legal disadvantages of illegitimacy dismantles beginning in the 1960s and the status itself abolished in 2006; and a whole series of measures protected consumers in relation to the purchase of goods and services. Legislation passed in 1998, to incorporate the European Convention on Human Rights led to a reappraisal or even a reinterpretation of existing law in the light of such Convention principles as the right to life, to liberty and security, to a fair trial, and to respect for private and family life.

The first phase of a Scottish law in the strict sense begins with the consolidation of the borders of Scotland since the battle of Carham 1018th In this time dating from England acquired feudal system , which until the present basis of the Scottish convincing. Scotland sheriff is the one who acted as judicial districts: practiced in every district a sheriff on behalf of the king, the civil and criminal jurisdiction and heard appeals against decisions of the courts baron. It is an important source for the influence of foreign legal systems, the ecclesiastical courts, because they allowed appeal to Rome. The canon law was particularly important in family ...