Book contents
- Frontmatter
- Contents
- Preface
- List of Contributors
- Table of Cases
- Table of Westminster Statutes
- Table of Scottish Parliament Statutes
- Table of Westminster Statutory Instruments
- Table of Scottish Statutory Instruments
- THE SCOTTISH PARLIAMENT – ITS GENESIS AND OPERATION
- RIGHTS AND SOCIETY
- PUBLIC ADMINISTRATION AND SERVICES
- JUSTICE AND LEGAL SYSTEM
- 10 The Reform of the Scottish Judiciary
- 11 Criminal Law and Criminal Justice: An Exercise in Ad Hocery
- 12 Juvenile Offending: Welfare or Toughness
- 13 Evidence
- ECONOMY AND ENVIRONMENT
- Index
10 - The Reform of the Scottish Judiciary
from JUSTICE AND LEGAL SYSTEM
Published online by Cambridge University Press: 05 September 2013
- Frontmatter
- Contents
- Preface
- List of Contributors
- Table of Cases
- Table of Westminster Statutes
- Table of Scottish Parliament Statutes
- Table of Westminster Statutory Instruments
- Table of Scottish Statutory Instruments
- THE SCOTTISH PARLIAMENT – ITS GENESIS AND OPERATION
- RIGHTS AND SOCIETY
- PUBLIC ADMINISTRATION AND SERVICES
- JUSTICE AND LEGAL SYSTEM
- 10 The Reform of the Scottish Judiciary
- 11 Criminal Law and Criminal Justice: An Exercise in Ad Hocery
- 12 Juvenile Offending: Welfare or Toughness
- 13 Evidence
- ECONOMY AND ENVIRONMENT
- Index
Summary
INTRODUCTION
Scottish judges possess considerable power over their fellow citizens and under the constitution. The Scottish Parliament has, in its first decade of law-making, introduced important statutory reforms of the judiciary with the objective of modernising its position in the constitution and strengthening its internal structures and processes. Indeed, for the higher judiciary in the Court of Session in particular, the passing by the Parliament of the Judiciary and Courts (Scotland) Act 2008 (hereafter “the 2008 Act”) is one of the most significant legislative landmarks since the Act of Union 1707.
This chapter is set out as follows. First, brief consideration is given to the importance of a strong, independent judiciary for the maintenance of the rule of law. Second, the constitutional and legal provision for Scottish judges prior to the 2008 Act is evaluated. Third, the main reforms introduced by the 2008 Act are analysed. The chapter then concludes with a short assessment of the Parliament's contribution to the area.
THE JUDICIARY AND THE RULE OF LAW
The independence, impartiality and competence of the judiciary are fundamental to maintaining the authority of the courts. Judicial independence is sustained by the legal and constitutional protections which seek to ensure that judges are collectively and individually safeguarded from external influences when adjudicating. Impartiality requires that individual judges are unbiased decision-takers. Scottish judges have tended to take a pragmatic approach to the distinction between independence and impartiality, recognising that they may be inter-linked.
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- Law Making and the Scottish ParliamentThe Early Years, pp. 183 - 207Publisher: Edinburgh University PressPrint publication year: 2011