The Sources of Legislation That Are Binding in Scots Law

1) The sources of legislation that are binding in Scots law are: European Union UK Parliament Scottish Parliament The European Union (EU) is economic and political union which is located in Europe in Brussels. It consists of 785 members representing the 492 million citizens of the 27 Member States of The European Union. Countries which join EU are Austria, Bulgaria, Belgium, Czech Republic, Greece, Hungary, Portugal, Cyprus, Estonia, Luxembourg, Denmark, Finland, Slovakia, France, Italy, United Kingdom, Germany, Ireland, Lithuania, Latvia, Malta, Netherlands, Poland, Spain, Romania, Slovenia and Sweden. EU is elected every 5 years throughout all the Members States. 5 Institutions serve the European Community: Council of†¦show more content†¦It must be possible to extract the ratio decidendi of the precedent. The ratio decidendi (reason for a decision) is the point of law on which the previous decision was based. Obiter dicta are remarks of the judge, which are not essential for the disposal of the case. They tend to be hypotheses indicating what his preferred decision would have been if the facts had been slightly different. The doctrine of judicial precedent is less rigid in the criminal courts. At present the most important decisions of the Scottish courts are published in the series known as â€Å"Session Cases† Examples are: a) Donaghue v. Stevenson, 1932 S.C. (H.L.) 31; b) H.M. Advocate v. Kirkwood, 1939 J.C. 36; c) Smith v. Oliver, 1911 S.C. 103. 3) Lawyers in the 17th and 18th centuries (called institutional writers ) wrote books setting out the principles on which Scots law is based. Many of these principles were based on Roman law. Lawyers in Scotland today still look at what the institutional writers said about the law and apply these principles to modern day situations. Their authority is always less than that of legislation and case-law, and so the court must always apply the legislation or the binding precedent in the event of a conflict. The most notable institutional writings are: a) Sir Thomas Craig b) Sir George Mackenzie c) Viscount Stair d) Lord Bankton e)Show MoreRelatedDifferent Political Sysytems1710 Words   |  7 Pageshigh degree of flexibility of the devolution settlements and a political nature of the UK’s constitution, which favours resolution of intergovernmental disputes by means other than courts. 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