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Judiciary And Courts (Scotland) Act 2008
The Judiciary and Courts (Scotland) Act 2008 is an Act of the Scottish Parliament passed in October 2008 to reform the courts of Scotland, to give statutory force to judicial independence, and to establish the Lord President of the Court of Session as Head of the Judiciary of Scotland. History Provisions Judicial independence Judicial independence Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan inte ... is enshrined by Section 1 of the Act, which stipulates specific duties to uphold judicial independence on: * The First Minister of Scotland * The Lord Advocate * The Scottish Ministers * Members of the Scottish Parliament * and others "with responsibility for matters relating to the judiciary or the administration of justice" in Scotland; All of those specified are barred from ...
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Kenny MacAskill
Kenneth Wright MacAskill (born 28 April 1958) is a Scottish politician who was a Member of Parliament (United Kingdom), Member of Parliament (MP) for East Lothian (UK Parliament constituency), East Lothian from 2019 United Kingdom general election in Scotland, 2019 to 2024 United Kingdom general election, 2024. He previously served as Cabinet Secretary for Justice from 2007 to 2014 and was a Member of the Scottish Parliament (MSP) from 2007 Scottish Parliament election, 1999 to 2016 Scottish Parliament election, 2016. A former member of the Scottish National Party (SNP), he defected to the Alba Party in 2021 and currently serves as the party's leader, assuming the role after winning the 2025 Alba Party leadership election, leadership election in March 2025. Born in Edinburgh and educated at Linlithgow Academy, MacAskill studied law at the University of Edinburgh and was a senior partner in a law firm in Glasgow. He was a long-standing member of the SNP's National Executive Comm ...
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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 ...
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Act Of The Scottish Parliament
An act of the Scottish Parliament () is primary legislation made by the Scottish Parliament. The power to create acts was conferred to the Parliament by section 28 of the Scotland Act 1998 following the successful 1997 Scottish devolution referendum, 1997 referendum on devolution. Prior to the establishment of the Parliament under the 1998 act, all Union of 1707, post-union laws specific to Scotland were passed at the Westminster Parliament. Although the Westminster Parliament has retained the ability to legislate for Scotland, by Sewel convention, convention it does not do so without the Legislative consent motion, consent of the Scottish Parliament. Since the passing of the 1998 act, the Westminster Parliament has passed five public general acts that apply only to Scotland. A draft act is known as a bill. Once it is passed by the Scottish Parliament and receives royal assent, the bill becomes an act and is then a part of Scots Law. Classification of legislation Publ ...
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Lord President Of The Court Of Session
The Lord President of the Court of Session and Lord Justice General () is the most senior judge in Scotland, the head of the judiciary, and the presiding judge of the College of Justice, the Court of Session, and the High Court of Justiciary. The Lord President holds the title of Lord Justice General of Scotland and the head of the High Court of Justiciary ''ex officio'', as the two offices were combined in 1836. The Lord President has authority over any court established under Scots law, except for the Supreme Court of the United Kingdom and the Court of the Lord Lyon. The current Lord President of the Court of Session is Lord Pentland, who was appointed to the position on 3 February 2025 succeeding Lord Carloway They are paid according to salary group 1.1 of the Judicial Salaries Scale, which in 2016 was £222,862. Remit and jurisdiction Head of the judiciary As Lord President of the Court of Session and is the most senior judge in Scotland, the head of the judiciar ...
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Judiciary Of Scotland
The judiciary of Scotland () are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access. The Lord President of the Court of Session is the head of Scotland's judiciary and the presiding judge of the College of Justice (which consists of the Court of Session and High Court of Justiciary.) The Lord President is Lord Pentland, who was appointed in February of 2025. The Lord President is supported by the Judicial Office for Scotland which was established on 1 April 2010 as a result of the Judiciary and Courts (Scot ...
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Judicial Independence
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important for the idea of separation of powers. Different countries deal with the idea of judicial independence through different means of judicial selection, that is, choosing judges. One method seen as promoting judicial independence is by granting life tenure or long tenure for judges, as it would ideally free them to decide cases and make rulings according to the rule of law and judicial discretion, even if those decisions are politically unpopular or opposed by powerful interests. This concept can be traced back to 18th-century England. In some countries, the ability of the judiciary to check the legislature is enhanced by the power of judicial review. This power can be used, for example, by manda ...
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First Minister Of Scotland
The first minister of Scotland () is the head of government of Scotland. The first minister leads the Scottish Government, the Executive (government), executive branch of the devolved government and is the keeper of the Great Seal of Scotland, keeper of the Great Seal, one of the Great Officers of State (United Kingdom)#Scotland, great officers of state in Scotland. The first minister chairs the Scottish Cabinet and is primarily responsible for the formulation, development, and presentation of the Scottish Government's policies. Additional functions of the first minister include promoting and representing Scotland in an official capacity, at home and abroad, as part of the Scottish Government's approach to International relations of Scotland, international relations. The first minister is nominated by the Scottish Parliament by Member of the Scottish Parliament, members of the Scottish Parliament (MSPs), and is formally appointed by the M ...
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Lord Advocate
His Majesty's Advocate, known as the Lord Advocate (), is the principal legal adviser of both the Scottish Government and the Crown in Scotland for civil and criminal matters that fall within the devolution, devolved powers of the Scottish Parliament. The Lord Advocate provides legal advice to the government on its responsibilities, policies, legislation and advising on the legal implications of any proposals brought forward by the government. The Lord Advocate is responsible for all legal advice which is given to the Scottish Government. The Lord Advocate serves as the ministerial head of the Crown Office and Procurator Fiscal Service, and as such, is the chief public prosecutor for Scotland with all prosecutions on indictment being conducted by the Crown Office and Procurator Fiscal Service in the Lord Advocate's name on behalf of the Monarch. The Lord Advocate serves as the head of the systems of prosecutions in Scotland and is responsible for the investigation of all sud ...
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Scottish Ministers
The Scottish Government (, ) is the executive arm of the devolved government of Scotland. It was formed in 1999 as the Scottish Executive following the 1997 referendum on Scottish devolution, and is headquartered at St Andrew's House in the capital city, Edinburgh. It has been described as one of the most powerful devolved governments globally, with full legislative control over a number of areas, including education, healthcare, justice and the legal system, rural affairs, housing, the crown estate, the environment, emergency services, equal opportunities, public transport, and tax, amongst others. Ministers are appointed by the first minister with the approval of the Scottish Parliament and the monarch from among the members of the Parliament. The Scotland Act 1998 makes provision for ministers and junior ministers, referred to by the current administration as Cabinet secretaries and ministers, in addition to two law officers: the lord advocate and the solicitor gen ...
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Member Of The Scottish Parliament
Member of the Scottish Parliament (MSP; ; ) is the title given to any one of the 129 individuals elected to serve in the Scottish Parliament. Electoral system The additional member system produces a form of proportional representation, where each constituency has its own representative, and each region has seats given to political parties to reflect as closely as possible its level of support among voters. Each registered voter is asked to cast 2 votes, resulting in MSPs being elected in one of two ways: * 73 are elected as First past the post constituency MSPs and; * 56 are elected as Regional additional member MSPs. Seven are elected from each of eight regional groups of constituencies. Types of candidates With the additional members system, there are 3 ways in which a person can stand to be a MSP: * a constituency candidate * a candidate named on a party list at the regional election * an individual candidate at the regional election A candidate may stand both in a const ...
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Judiciary Of Scotland
The judiciary of Scotland () are the judicial office holders who sit in the courts of Scotland and make decisions in both civil and criminal cases. Judges make sure that cases and verdicts are within the parameters set by Scots law, and they must hand down appropriate judgments and sentences. Judicial independence is guaranteed in law, with a legal duty on Scottish Ministers, the Lord Advocate and the Members of the Scottish Parliament to uphold judicial independence, and barring them from influencing the judges through any form of special access. The Lord President of the Court of Session is the head of Scotland's judiciary and the presiding judge of the College of Justice (which consists of the Court of Session and High Court of Justiciary.) The Lord President is Lord Pentland, who was appointed in February of 2025. The Lord President is supported by the Judicial Office for Scotland which was established on 1 April 2010 as a result of the Judiciary and Courts (Scot ...
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Footnotes
In publishing, a note is a brief text in which the author comments on the subject and themes of the book and names supporting citations. In the editorial production of books and documents, typographically, a note is usually several lines of text at the bottom of the page, at the end of a chapter, at the end of a volume, or a house-style typographic usage throughout the text. Notes are usually identified with superscript numbers or a symbol.''The Oxford Companion to the English Language'' (1992) p. 709. Footnotes are informational notes located at the foot of the thematically relevant page, whilst endnotes are informational notes published at the end of a chapter, the end of a volume, or the conclusion of a multi-volume book. Unlike footnotes, which require manipulating the page design (text-block and page layouts) to accommodate the additional text, endnotes are advantageous to editorial production because the textual inclusion does not alter the design of the publication. H ...
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