The Legal System of Scotland

The legal system of Scotland is a hybrid or mixed legal system. It is one of the three legal systems of the United Kingdom. While it shares some elements with English and Northern Ireland law it also has its own unique sources, institutions and terminology.

Scots law draws on the civilian legal tradition and has been heavily influenced by English Law since the Treaty of Union in 1707 which brought about a single legislature for the United Kingdom. The Scotland Act 1998 established a new devolved Scottish Parliament which has competence in large areas of private and public law but with a number of areas reserved to the UK Parliament, Scots law recognises four sources of law: legislation, legal precedent from case law, certain historical academic writings which are said to have institutional status, and a very limited role for the incorporation of custom into the law.

Legislation affecting Scotland may be passed by the Scottish Parliament, the United Kingdom Parliament, and the European Union. Some legislation passed by the pre-1707 Parliament of Scotland remains valid. The Scottish Parliament and Scottish public institutions must also comply with the European Convention on Human Rights and Fundamental Freedoms.