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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] |
United Kingdom Constitutional Law
The United Kingdom constitutional law concerns the governance of the United Kingdom of Great Britain and Northern Ireland. With the oldest continuous political system on Earth, the British constitution is not contained in a single code but principles have emerged over centuries from common law statute, case law, political conventions and social consensus. In 1215, Magna Carta required the King to call "common counsel" or Parliament of England, Parliament, hold courts in a fixed place, guarantee fair trials, guarantee free movement of people, free the church from the state, and it enshrined the rights of "common" people to use the land. After the English Civil War and the Glorious Revolution 1688, Parliament won supremacy over the monarch, the church and the courts, and the Bill of Rights 1689 recorded that the "election of members of Parliament ought to be free". The Act of Union 1707 unified England, Wales and Scotland, while Ireland was joined in 1800, but the Republic of Irelan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 a division of law governing the activities of government agency, executive branch agencies of government. Administrative law includes executive branch rulemaking (executive branch rules are generally referred to as "regul ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Review
Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are incompatible with a higher authority. For example, 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 (judicial supervision) 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. The judiciary in United States has been described as having unusually strong powers of judicial review from a comparative perspective. General principles Judicial review can be understood in the context o ... [...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. It contains nearly one-third of the United Kingdom's land area, consisting of the northern part of the island of Great Britain and more than 790 adjacent Islands of Scotland, islands, principally in the archipelagos of the Hebrides and the Northern Isles. To the south-east, Scotland has its Anglo-Scottish border, only land border, which is long and shared with England; the country is surrounded by the Atlantic Ocean to the north and west, the North Sea to the north-east and east, and the Irish Sea to the south. The population in 2022 was 5,439,842. Edinburgh is the capital and Glasgow is the most populous of the cities of Scotland. The Kingdom of Scotland emerged as an independent sovereign state in the 9th century. In 1603, James VI succeeded to the thrones of Kingdom of England, England and Kingdom of Ireland, Ireland, forming a personal union of the Union of the Crowns, three kingdo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Session
The Court of Session is the highest national court of Scotland in relation to Civil law (common law), civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with other royal, state and church courts but as those were disbanded, the role of the Court of Session ascended. The Acts of Union 1707, Acts of Union which established the Kingdom of Great Britain on 1 May 1707 provided that the court will "remain in all time coming" as part of Scotland's separate Scots law, legal system. Cases at trial court, first instance are heard in the Outer House by a single judge. The Inner House hears appeals from the Outer House and all other courts and tribunals in Scotland. Only Scottish advocates and solicitor-advocates may argue cases before the court. The Court of Session has sat at Parliament House, Edinburgh, Parliament House since 1707. The Scottish Courts and Tribunals Service and the Principal Clerk of Session ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scottish Court Service
The Scottish Courts and Tribunals Service (SCTS) () is an independent public body which is responsible for the administration of the courts and tribunals of Scotland. The Service is led by a board which is chaired by the Lord President of the Court of Session, and employs over 1000 staff members in the country's 39 sheriff courts, 34 justice of the peace courts, the Court of Session and the High Court of Justiciary, and at the service's headquarters in Edinburgh. The day-to-day administration of the service is the responsibility of its chief executive and executive directors. The Scottish Courts and Tribunals Service is also responsible for providing administrative services for the Judicial Office for Scotland, the Office of the Public Guardian, the Accountant of Court, the Criminal Courts Rules Council, and the Scottish Civil Justice Council. History The Service was first established as the ''Scottish Courts Administration'' in 1995, as an executive agency of the Scottis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Courts Reform (Scotland) Act 2014
The Courts Reform (Scotland) Act 2014 (asp 18) is an Act of the Scottish Parliament passed in October 2014 to improve access to the civil justice system and while making the Court of Session The Court of Session is the highest national court of Scotland in relation to Civil law (common law), civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with othe ... a place for the more complex cases. History The origins of this radical legislative reform lie with the Gill Report of 2009. The bill was introduced by Kenny MacAskill MSP on 6 February 2014. The bill was passed by the Parliament on 7 October 2014. It received Royal Assent on 6 May 2015. Provisions The legislation created a national Sheriff Appeal Court. The legislation raised the threshold from £5,000 to £100,000 for a case to be brought to the Court of Session. Some changes, such as a reduced ability to recover counsel's fees, make arb ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Systems
The contemporary national legal systems are generally based on one of four major legal traditions: civil law (legal system), civil law, common law, customary law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. The science that studies law at the level of legal systems is called comparative law. Both ''civil'' (also known as ''Roman'') and ''common'' law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system. Civil law The source of law that is recognized as authoritative is Codification (law), codifications in a constitution or statute passed by legislature, to amend a code. While the concept of codification dates back to the Code of Hammurabi in Babylon ca. 1790 BC, civil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Review In England And Wales
Judicial review is a part of UK constitutional law that enables people to challenge the exercise of power, usually by a public body. A person who contends that an exercise of power is unlawful may apply to the Administrative Court (a part of the King's Bench Division of the High Court) for a decision. If the court finds the decision unlawful it may have it set aside (quashed) and possibly (but rarely) award damages. A court may impose an injunction upon the public body. When creating a public body, legislation will often define duties, limits of power, and prescribe the reasoning a body must use to make decisions. These provisions provide the main parameters for the lawfulness of its decision-making. The Human Rights Act 1998 provides that statutes must be interpreted so far as possible, and public bodies must act, in a manner which is compliant with the European Convention on Human Rights and Fundamental Freedoms. There are common law constraints on the decision-making process ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
West V
West is one of the four cardinal directions or points of the compass. It is the opposite direction from east and is the direction in which the Sun sets on the Earth. Etymology The word "west" is a Germanic word passed into some Romance languages (''ouest'' in French, ''oest'' in Catalan, ''ovest'' in Italian, ''vest'' in Romanian, ''oeste'' in Spanish and Portuguese). As in other languages, the word formation stems from the fact that west is the direction of the setting sun in the evening: 'west' derives from the Indo-European root ''*wes'' reduced from ''*wes-pero'' 'evening, night', cognate with Ancient Greek ἕσπερος hesperos 'evening; evening star; western' and Latin vesper 'evening; west'. Examples of the same formation in other languages include Latin occidens 'west' from occidō 'to go down, to set' and Hebrew מַעֲרָב (maarav) 'west' from עֶרֶב (erev) 'evening'. West is sometimes abbreviated as W. Navigation To go west using a compass for navigati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wednesbury Unreasonableness
''Associated Provincial Picture Houses Ltd. v Wednesbury Corporation'' 9481 KB 223 is an English law case that sets out the standard of unreasonableness in the decision of a public body, which would make it liable to be quashed on judicial review, known as ''Wednesbury'' unreasonableness. The court gave three conditions on which it would intervene to correct a bad administrative decision, including on grounds of its unreasonableness in the special sense later articulated in ''Council of Civil Service Unions v Minister for the Civil Service'' by Lord Diplock: Facts In 1947, Associated Provincial Picture Houses was granted a licence by the Wednesbury Corporation in Staffordshire to operate a cinema, on condition that no children under 15, whether accompanied by an adult or not, were admitted on Sundays. Under the Cinematograph Act 1909, cinemas could be open from Mondays to Saturdays but not on Sundays, and under a regulation, the commanding officer of military forces station ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Human Rights Act 1998
The Human Rights Act 1998 (c. 42) is an Act of Parliament (United Kingdom), Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights. The Act makes a remedy for breach of a Convention right available in UK courts, without the need to go to the European Court of Human Rights (ECHR) in Strasbourg. In particular, the Act makes it unlawful for any public body to act in a way which is incompatible with the convention, unless the wording of any other primary legislation provides no other choice. It also requires the judiciary (including tribunals) to take account of any decisions, judgment or opinion of the European Court of Human Rights, and to interpret legislation, as far as possible, in a way which is compatible with Convention rights. However, if it is not possible to interpret an Act of Parliament so as to mak ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
