The Scottish Legal System

7. Auflage 2026
ISBN: 978-1-5265-2664-9
Verlag: Bloomsbury Publishing PLC

Buch, Englisch, 472 Seiten, Paperback, Format (B × H): 156 mm x 234 mm, Gewicht: 708 g

A course on the Scottish legal system is a compulsory part of undergraduate degrees in Scots Law. The Scottish Legal System sets out to present the 'legal system and law of Scotland as a unique and constantly changing human enterprise' and places the Scottish legal system in its broader political and social contexts.

This is achieved by covering not only the central aspects of the system, such as the courts and the legal profession, but also the border areas with constitutional law and jurisprudence.

This well-established text provides an up-to-date treatment of all significant developments affecting the Scottish legal system.

The Seventh Edition covers:

- Revisions relating to EU law to account for Brexit and the reformed relationship between the Scottish legal system and the EU

- Implications of the UK Government's first use of the Scotland Act, s 35 order to block legislation of the Scottish Parliament
- The ongoing debate on the dual role of the Lord Advocate
- Recent innovations of the Scottish and UK Parliaments and Governments, reflecting on their impact on Scots Law
- Key reforms in the civil and criminal legal systems, including the abolition of the 'not proven' verdict and increased emphasis on alternative dispute resolution

- Updates on digital and online legal resources

This text is an invaluable introduction for students and anyone with an interest in the Scottish legal system.

This title is included in Bloomsbury Professional's Scots Law Student online service.

Autoren/Hrsg.

MacFarlane, Lorna

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

1 Introduction
2 Scotland - nation and state
3 Institutions - the constitutional background
4 Institutions - courts, tribunals, judges and procedure
5 Sources of law
6 Legislation - European Union law
7 Legislation - United Kingdom Parliamentary legislation (including the Human Rights Act 1998)
8 Legislation - Acts of the Scottish Parliament
9 Legislation - United Kingdom delegated legislation
10 Legislation - Scottish delegated legislation
11 Legislation - application, construction and interpretation: statutory interpretation
12 Precedent - ratio decidendi, obiter dicta and stare decisis
13 Precedent - law reports
14 Legal services
15 Law reform
Appendix 1 - A note on the nature of rules
Appendix 2 - Scottish Courts (simplified)
English and Welsh Courts (simplified)
Northern Ireland Courts (simplified)
Appendix 3 - 'Europe'

Über Autor(innen)

MacFarlane, Lorna
Lorna MacFarlane graduated from Edinburgh University with an LL.B. Scots Law (Hons) degree in 2012. After working for a year as a Legal Assistant at the Scottish Law Commission (working primarily on the Contract Law project with Professor Hector MacQueen), she returned to Edinburgh University for postgraduate studies. Her LL.M. by Research and Ph.D. both focused on Scots contract law, incorporating elements of English and German law. Thereafter Lorna undertook the Diploma in Legal Practice and completed a traineeship with Dentons UK & Middle East LLP. Since September 2019, she has worked as a solicitor in Dentons' Dispute Resolution team. She also continues to tutor at Edinburgh University.

Lorna MacFarlane graduated from Edinburgh University with an LL.B. Scots Law (Hons) degree in 2012. After working for a year as a Legal Assistant at the Scottish Law Commission (working primarily on the Contract Law project with Professor Hector MacQueen), she returned to Edinburgh University for postgraduate studies. Her LL.M. by Research and Ph.D. both focused on Scots contract law. Thereafter Lorna undertook the Diploma in Legal Practice and completed a traineeship with Dentons. Since September 2019, she has worked as a solicitor in Dentons' Dispute Resolution team. She also continues to tutor at Edinburgh University.