Sources of Legislation in Scots Law
Scottish law recognises four sources of law: legislation, legal precedent, academic writings and custom.
The Sources Of Legislation in Scottish Law
Legislation affecting Scotland may be passed by Holyrood (Scottish Parliament), Westminster (Parliament of the United Kingdom, made up of the House of Commons and the House of Lords) or The European Union (made up of The European Commission, The Council of the European Union, The European Parliament, The Court of Justice and The Court of Auditors)
European Union
As a member of the European Union any regulation or directives they pass must be enforced if a lesser or no law exists. Although made up of 5 Institutions, the legislation of the European Union is normally passed by the European Parliament and the Council of the European Union. Before proposing any acts The European Commission assesses any potential consequences by preparing Impact Assessments, these assessments are also used to explain why any action is required at European level. The European Parliament and the Council review proposals by the Commission and propose amendments. If the Council and the Parliament cannot agree upon amendments, a second reading takes place.
In the second reading, the Parliament and Council can again propose amendments. Parliament has the power to block the proposed legislation if it cannot agree with the Council. If the two institutions agree on amendments, the legislation can be adopted. If they cannot agree, a committee tries to find a solution. Both the Council and the Parliament can block the legislative proposal at this final reading.
A regulation is an act that immediately becomes a law for all members and takes precedence over any existing law already in place, where as a directive is a act which requires members enforce, but leaves a certain amount of leeway and time as to the exact rules to be implemented. On occasion the laws of a member state may already be in place so they would only have to ensure that
The Sources Of Legislation in Scottish Law
Legislation affecting Scotland may be passed by Holyrood (Scottish Parliament), Westminster (Parliament of the United Kingdom, made up of the House of Commons and the House of Lords) or The European Union (made up of The European Commission, The Council of the European Union, The European Parliament, The Court of Justice and The Court of Auditors)
European Union
As a member of the European Union any regulation or directives they pass must be enforced if a lesser or no law exists. Although made up of 5 Institutions, the legislation of the European Union is normally passed by the European Parliament and the Council of the European Union. Before proposing any acts The European Commission assesses any potential consequences by preparing Impact Assessments, these assessments are also used to explain why any action is required at European level. The European Parliament and the Council review proposals by the Commission and propose amendments. If the Council and the Parliament cannot agree upon amendments, a second reading takes place.
In the second reading, the Parliament and Council can again propose amendments. Parliament has the power to block the proposed legislation if it cannot agree with the Council. If the two institutions agree on amendments, the legislation can be adopted. If they cannot agree, a committee tries to find a solution. Both the Council and the Parliament can block the legislative proposal at this final reading.
A regulation is an act that immediately becomes a law for all members and takes precedence over any existing law already in place, where as a directive is a act which requires members enforce, but leaves a certain amount of leeway and time as to the exact rules to be implemented. On occasion the laws of a member state may already be in place so they would only have to ensure that