Law Enforcement in Scotland - Sources of Law - Legislation

Legislation

The Parliament of the United Kingdom has the power to pass statutes on any issue for Scotland, although under the Sewel convention will not do so in devolved matters without the Scottish Parliament's consent. The Human Rights Act 1998, the Scotland Act 1998 and the European Communities Act 1972 have special status in the law of Scotland. Modern statutes will specify that they apply to Scotland and may also include special wording to take into consideration unique elements of the legal system. Statutes must receive Royal Assent from the Queen before becoming law, however this is now only a formal procedure and is automatic. Legislation of the Parliament of the United Kingdom is not subject to the review of the courts as the Parliament is said to have supreme legal authority; however, in practice the Parliament will tend not to create legislation which contradicts the Human Rights Act 1998 or European law, although it is technically free to do so. The degree to which the Parliament has surrendered this sovereignty is a matter of controversy with arguments generally concerning what the relationship should be between the United Kingdom and the European Union. Acts of the United Kingdom Parliament also regularly delegate powers to Ministers of the Crown or other bodies to produce legislation known as statutory instruments. This legislation has legal effect in Scotland so far as the specific statutory instrument is meant to.

The Scottish Parliament is a devolved unicameral legislature that has the power to pass statutes only affecting Scotland on matters within its legislative competence. Legislation passed by the Scottish Parliament must also comply with the Human Rights Act 1998 and European law, otherwise the Court of Session or High Court of Justiciary have the authority to strike down the legislation as ultra vires. There have been a number of high profile examples of challenges to Scottish Parliament legislation on these grounds, including against the Protection of Wild Mammals (Scotland) Act 2002 where an interest group unsuccessfully claimed the ban on fox hunting violated their human rights. Legislation passed by the Scottish Parliament also requires Royal Assent which, like with the Parliament of the United Kingdom, is automatically granted.

Legislation passed by the pre-1707 Parliament of Scotland still has legal effect in Scotland, though the number of statutes that have not been repealed are limited. Examples include the Royal Mines Act 1424, which makes gold and silver mines the property of the Queen, and the Leases Act 1449, which is still relied on today in property law cases.

The European Parliament and Council of the European Union also have the power to create legislation which will have direct effect in Scotland in a range of matters specified under the Treaty on the Functioning of the European Union. All levels of Scottish courts are required to enforce European law. Only the Court of Justice of the European Union has the authority to legally review the competency of a legislative act by the European Parliament and the Council. European legislation will be annulled if it is contrary to the Treaties of the European Union or their spirit, is ultra vires or proper procedures in its creation were not followed.

Legislation which forms part of the law of Scotland should not be confused with a civil code as it does not attempt to comprehensively detail the law. Legislation forms only one of a number of sources.

Read more about this topic:  Law Enforcement In Scotland, Sources of Law

Other articles related to "legislation":

Legislation - Dead Letter
... The phrase "dead letter" refers to legislation that has not been revoked, but that has become inapplicable or obsolete or is no longer enforced ...
Elaine Mc Coy - Alberta Right-to-Work Joint Review Committee
... Government to Chair a Joint Review Committee (JRC) into whether or not Right-to-Work (RTW) legislation would be beneficial to the province ... The study defined RTW legislation as ‘legislation that would prohibit employers and employees from agreeing to any form of union shop, closed shop or dues check-off arrangement.’ The Committee was formed on March ... The JRC ultimately did not recommend RTW legislation for Alberta, as it found no evidence of economic advantage to it, and that it may well disrupt Alberta’s strong and stable labour relations ...
Iwao Ayusawa - Publications
... International labor legislation, New York, 1920 Industrial conditions and labour legislation in Japan, Geneva International Labour Office, 1926 A History of Labor in Modern ...
Hunting Act 2004 - Royal Assent
... The final passing of the legislation was considered very controversial with the unelected House of Lords criticised for being undemocratic block on the legislation with other newspapers ... MPs of all parties voting for the legislation asserted that hunting caused unnecessary suffering and said that they represented the majority of the public who favoured a ban on hunting with dogs ... Their assertion of majority support for the thrust of the legislation seems to have some basis in evidence, a September 2002 survey commissioned by The Daily Telegraph indicated that a ...

Famous quotes containing the word legislation:

    Coming out, all the way out, is offered more and more as the political solution to our oppression. The argument goes that, if people could see just how many of us there are, some in very important places, the negative stereotype would vanish overnight. ...It is far more realistic to suppose that, if the tenth of the population that is gay became visible tomorrow, the panic of the majority of people would inspire repressive legislation of a sort that would shock even the pessimists among us.
    Jane Rule (b. 1931)

    Being offended is the natural consequence of leaving one’s home. I do not like after- shave lotion, adults who roller-skate, children who speak French, or anyone who is unduly tan. I do not, however, go around enacting legislation and putting up signs.
    Fran Lebowitz (b. 1950)

    The wise know that foolish legislation is a rope of sand, which perishes in the twisting.
    Ralph Waldo Emerson (1803–1882)