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Getting Started with Scottish Legal Research
Though Scotland is part of the United Kingdom, it has its own legal system, often referred to as Scots Law. It is a combination of civil law and common law elements that can be impacted by laws passed by several different legislative bodies, including the Scottish Parliament, the United Kingdom Parliament, the European Parliament, and the Council of the European Union. This guide will help you to understand this legal system and to get started with Scottish legal research.
Government
The Current Scottish Parliament
Though Scotland has a long history of having its own Parliament prior to 1707, for many years, it fell under the purview of the Parliament of the United Kingdom. In 1999 power was devolved to the new Scottish Parliament, which is based at the Holyrood building in Edinburgh. Though certain matters, such as citizenship, are still reserved for the UK Parliament, the Scottish Parliament is responsible for making many of Scotland's laws, including those pertaining to education, health, and agriculture, to name just a few.
The devolution process was founded on a great deal of political thought and consideration. Below are some of the key documents along the way to formal devolution.
- Scotland's Parliament, Scotland's RightThis report released by the Scottish Constitutional Convention in 1995 was instrumental in serving as the backbone for later consideration of devolution.
- Scotland's ParliamentThis white paper was prepared by the UK Parliament and is based at least in part on the 1995 report of the Scottish Constitutional Convention.
- Scotland Act 1998This is the legislative document that provides for the establishment of the Scottish Parliament.
- Shaping Scotland's ParliamentThis report of the Consultative Steering Group on the Scottish Parliament (sometimes abbreviated CSG) served as a proposal for the “operational needs and working methods” and the rules and procedures of the new Parliament.
Parliamentary Documents
- Current BillsYou can follow bills under current consideration by the Scottish Parliament on this section of the Parliamentary website.
- Official ReportAccording to the Parliament's website, "the Official Report is the full and authoritative written report of proceedings in the Scottish Parliament and its committees." Documents are generally made available within 3.5 hours after the end of the relevant meeting.
- Committees WebsiteOn this section of the site, you can find documents published by Parliamentary committees or even watch committee meetings live.
- Research Briefings and Fact SheetsAccess research done by and for the Scottish Parliament.
Legislation
Modern Day Legislation
- Acts of the Scottish ParliamentThis website compiles all legislation of the Scottish Parliament from 1999 to present.
- BAILIIBAILII also provides access to modern Scottish Legislation.
- Halsbury's Is It in Force?Is It in Force? is a reference tool for finding the commencement dates of Acts of general application in England, Wales and Scotland and General Synod Measures passed since 1960.
For details of amendments or repeals, consult the Scottish Parliaments Acts (link below). - Scottish Parliament ActsThis source contains the full, amended text of all public general ASP [Acts of the Scottish Parliament] that are currently in force. Legislation that has been recently enacted but is not yet in force is also included. Public general ASPs that are no longer in force do not appear in full text but a note explains why the enactment no longer applies.
Pre-1707 Scottish Parliamentary Research
Prior to the union of 1707, Scotland had its own Parliament for many centuries with the earliest surviving act dating to the 1200's. Though not every document from these early years is available, the resources below will help you get started with research during this period.
- The Scottish Parliament History Workshop at Stirling UniversityThis site collects a great deal of historical information about the early Scottish Parliament.
- The Records of the Parliaments of Scotland to 1707This database provides access to "the proceedings of the Scottish parliament from the first surviving act of 1235 to the union of 1707."
- National Records of ScotlandThe National Records of Scotland holds all of the archives of the Scottish Parliaments prior to 1707.
- Act of UnionThe UK Parliament provides online access to information about the Act of Union 1707.
Courts and Case Law
The Scottish Judiciary
This diagram shows the structure of the Scottish Judiciary and the path of appeals through the courts. For more information on each level of the courts, refer to the Judiciary of Scotland's description of their court structure.
Finding Court Cases
- Scottish Court of Session DecisionsDecisions from 1028 to 2015.
- Court of Sessions JudgmentsJudgments from 1999 to present.
- Scottish High Court of Justiciary DecisionsDecisions from 1914 to 2015.
- Scottish Sheriff Court DecisionsDecisions from 1998 to 2015.
Secondary Sources
Books at Harvard
Scotland's Constitution: Law and Practice by
Scotland's Constitution: Law and Practice, 3rd edition is a clear, comprehensive account of the Scottish dimension of constitutional law within its UK and European context. It describes and analyses constitutional arrangements while integrating that analysis with a general background to constitutional law and the UK institutions which have a continuing relevance for the government of Scotland.This highly regarded text considers law-making powers for Scotland, the legislative process at Westminster and at Holyrood, the accountability and scrutiny of government, the independence of the judiciary and the role of the courts in interpreting and adjudicating upon constitutional and administrative law questions.The third edition has been fully updated throughout and incorporates changes brought about by the Scotland Act 2012. There is expanded consideration of the constitutional review of Acts of the Scottish Parliament. This edition also includes coverage of the Scottish Independence Referendum.This text provides an essential introduction to constitutional law for law students and for others with a general interest in this subject.Previous print edition ISBN: 9781847663184
ISBN: 9781780434667Publication Date: 2015-05-08
A Model Constitution for Scotland by
A Model Constitution for Scotland sets out a workable model for Scotland's future and includes detailed constitutional proposals and informed discussion on the topic. The independence debate has to break out of political elites and address the 'after independence' question. Elliot Bulmer's book is an important contribution to this exploring how we make Scotland constitutionally literate, and how we shape our politics in a way which reflects who we are and what we aspire to be. Bulmer rightly argues that independence has to aspire to more than abolishing reserved powers, Holyrood becoming a mini-Westminster, and nothing else changing. A must read for independentistas, thoughtful unionists and democrats. Gerry Hassan, author and broadcaster
ISBN: 9781908373137Publication Date: 2012-03-01
The Scottish Parliament - An Introduction by
Now in its fourth edition, this book is essential reading for anyone who wants to know how the Scottish Parliament works and what its functions are. Table of contents include: The Powers of the Parliament * Elections and Members * How the Parliament Works * Making Laws * The Scottish Government * Relations between Scotland and Westminster * Legal Challenges to Acts of the Scottish Parliament * Financing the Scottish Parliament * The Parliament, Local Government and Other Public Bodies * The Scottish Parliament and Europe * Reshaping Britain.
ISBN: 9781847662682Publication Date: 2010-02-28
Online Resources
- Scottish Legal History: A Research GuideThis Globalex guide offers detailed information on conducting Scottish legal research up to 1901. Be sure to read the update as well as the original guide.
- BAILIIBAILII provides access to a number of resources on Scottish Law.
- Scottish Legal HistoryThis collection on HeinOnline features a number of resources including publications of the Stair Society.
Journals
- Aberdeen Student Law ReviewLaw journal of the University of Aberdeen School of Law. Available since 2010.
- Journal of the Law Society of ScotlandThis journal, which is sent to all practicing solicitors on the roll of the Law Society of Scotland, is geared towards practitioners.
- Scots Law Times
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Available on Westlaw, this is a weekly legal periodical covering Scottish courts. Selective coverage goes back to 1997. - Scottish Criminal Law
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This monthly legal periodical focuses on Scottish criminal law. Coverage back to 1998. - Scottish Human Rights JournalCoverage since 2014.
- Scottish Private Client Law Review
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Includes topics such as trusts and estates, elder law, taxation, and financial planning. Coverage from 2014.
Scottish Independence
Referendum of 2014
In 2014, there was a referendum to determine whether Scotland should gain its independence. The vote was ultimately unsuccessful, with about 55.3% of the population voting against independence. However, the process was noteworthy from a legal standpoint and there are several relevant legal documents and books for scholars studying this process.
- The Edinburgh AgreementSigned on October 15, 2012, this agreement between the United Kingdom government and the Scottish government set forth the terms of the referendum and specified what would be included in the referendum legislation.
- The Scottish Independence Referendum Act 2013This legislation set forth the precise process for the referendum.
- Moohan and another (Appellant) v The Lord Advocate (Respondent)This case before the UK Supreme Court, which was fast-tracked to ensure that it was concluded before the referendum, considered whether prisoners should be eligible to vote in the referendum.
Time, Action and the Scottish Independence Referendum by
This book describes the Scottish independence referendum as the latest incarnation of a contest between two times – on one hand, an ideally continuous time beyond determination underpinning financial sovereignty, on the other the interruptions to this ideal continuity inherent in human action.Pointing to a number of linked historical frameworks, the question of self-determination is described as fissures in the empty time of the sovereign economy, and questions asked of a British left who despite this keep returning to a 'zombie state'.The book goes to the 'natural and eternal' principles of state and traces them through consensus to show the tightening of the constitution against popular determination, but shows how loyalty to a financial 'empty time' is shown to be in chronic decline.
ISBN: 9781137545930Publication Date: 2015-06-12
The Kingdom to Come by
Despite the "No" vote in the Scottish Independence Referendum of September 2014, the issue of potential Scottish secession from the United Kingdom has likely only just begun. The Kingdom to Come is the first book-length look at the consequences and implications of this momentous event. Peter Hennessy discusses the run-up to the Scottish Independence Referendum and its immediate aftermath, as well as the constitutional issues the referendum opened for the entire United Kingdom. This book includes Hennessy's personal impressions of recent questioning of the Acts of Union that created Great Britain and describes when he, as the top expert on Britain's unwritten constitution, became an important voice in what might happen next. The Kingdom to Come also offers a valuable examination of the possible agenda for remaking the constitution in both the medium and long term.
ISBN: 9781910376065Publication Date: 2015-08-15
Scotland 2014 and Beyond by
This book examines Scotland from a great variety of international and disciplinary perspectives, offering viewpoints from ordinary citizens as well as experts in culture, history, literature, sociology, politics, the law, and the media. The texts investigate the mental processes, dispositions, and activities that have been involved in past and present discussions about Scottish independence, freedom, equality, justice, and the creation of a fair society. Such discussions have been shaped by specific values, ideologies, class or personal interests and objectives as well as by specific ways of telling their stories. These are analysed together with the European, global, and democratic dimensions of Scotland, in order to find answers to the question how coming of age might be achieved today.
ISBN: 9783631655719Publication Date: 2015-02-25
Disunited Kingdom by
What does the future hold for Scotland? On September 18th, 2014, Scotland voted to stay in the Union. In this provocative new book, Iain Macwhirter argues that the UK will never be the same again. Disunited Kingdom explores Scotland's political and cultural landscape in the immediate build up to, and the aftermath of, the referendum. Combining expert and personal insight, Macwhirter deftly examines the future of Scotland, the UK, and the enduring passion for independence.
ISBN: 9781908885265Publication Date: 2014-12-08
Scotland's Choices by
Scotland faces its biggest choice since the 1707 union that made the United Kingdom - should Scotland be an independent country? The Yes and No campaigns are well under way but with the vote looming closer the information available to the public is still limited. What will happen after thereferendum? What are the international implications? What about the UK's nuclear deterrant, currently housed in Scotland? What happens if the vote is "No"? Is it even clear what independence will mean? What about the oil? What will the currency be? What will happen to the Old Age Pension pot if theUK splits?Scotland's Choices, now fully revised for the critical last few months before the referendum, does just that. Written by one former civil servant, one academic and one think-tanker - one a resident Scot, one a Scot living in England and one an Englishman - the authors clearly explain the issues youmay not have considered and detail how each of the options would be put into place after the referendum.
ISBN: 9780748696406Publication Date: 2014-06-01
Rethinking Our Politics by
As the Scotland electorate wakes up in the day after the referendum, everything has changed and nothing has changed. Scottish and UK politics is broken, it desperately needs fixed. The future of Scotland will be centre stage, but so will our democracy and the future of a Union in decline. Our politics once again needs to inspire, enthuse, educate and be relevant to the needs and aspirations of the public and reconnect with the values that underpin our society. There are urgent issues that we need to deal with now - the most important of which being rampant inequality. We have to move away from the mindless tribalism and partisanship that too often dominates much of what passes as political debate. Over the past year it has become clear that regardless of their stance on the referendum debate, the Scottish people are united on one front, the yearning for change for the betterment of their nation, their institutions and their politics. For McLeish, the referendum debate is merely the beginning. It is a symptom of the need for a more fundamental shift in the way we engage with politics in the UK and Scotland today. Former First Minister of Scotland, Henry McLeish is well placed to diagnose the crisis at the heart of Scotland and UK politics. In Rethinking Our Politics McLeish looks critically at the conditions which have created an increasingly divided and alienated public and forged Scotland's yearning for radical change. He rails against the stagnation of the union and makes a rousing and persuasive case for a complete overhaul of our political thinking, demanding that instead of making decisions on the basis of fear and insecurity, we rediscover the founding moral purpose of government. This is a must read for those who care about the future of our nation.
ISBN: 9781906817831Publication Date: 2014-07-30
Endgame Britain by
The United Kingdom faces a historic turning point in 2014. A 'Yes' vote in the referendum on Scottish independence would see the break-up of the 300-year-old union, adding a constitutional crisis to a deep economic crisis.An accessible polemic written for progressives both north and south of the border, Yes argues that independence can reinvigorate campaigns against austerity across Britain and deal a blow to the imperialist ambitions of the British state.An urgent and invigorating political intervention, Yes argues that even if the referendum result is 'no', a progressive independence campaign will alter the political landscape. Written by leading activists from the Radical Independence Campaign, Yes will be a unique contribution to the referendum debate.
ISBN: 9780745334752Publication Date: 2014-03-20
Political Parties and the Scottish Independence Referendum 2014 by
Voters in Scotland face a fundamental choice about their future at the independence referendum on September 18, 2014, and political parties are key actors in this process. Though this referendum saw the launch of umbrella campaign groups - 'Yes Scotland' and 'Better Together' - political parties remained central to the campaign. The parties shaped the nature of the referendum in government, and they provided leadership, resources, activists. and expertise to the campaign. Additionally, the parties were major producers of political discourse throughout Scotland's contemporary referendum experience. Though the referendum offers a simple 'Yes/No' choice on the ballot, some voters may also use party loyalty as a short-cut guide to understanding the issues and their decision. This book analyzes the referendum roles and activities of the Conservatives, Scottish Green Party, Labor, Liberal Democrats, Scottish National Party, and Scottish Socialist Party during the campaign. It places the independence referendum in an international context through the examination of other sovereignty referendums. The book also looks at the emergence of new organizations, such as 'Radical Independence' and 'National Collective.' Finally, it adopts the Essex School of discourse analysis to examine the contested nature of political discourse around the referendum. [Subject: Politics, Scottish Studies]
ISBN: 9781860571213Publication Date: 2014-06-02
100 Days of Hope and Fear by
Scotland's independence referendum on 18 September 2014 was the most significant democratic event in Scotland's history. The 100 days up to 18 September was the official campaign period and the world's media was watching. David Torrance was there throughout, in front of the cameras, on the radio, in the newspapers, at the debates and gatherings, privy to some of the behind-the-scenes manoeuvrings
ISBN: 9781910021316Publication Date: 2014-11-30
- Scottish Independent Referendum 2014: ResultsThe official document summarizing the results of the referendum.
- Scotland Bill 2015-16After the referendum, the UK Parliament decided to consider devolving further powers to the Scottish Parliament in this bill.
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