It is a well-known fact
that Scotland is influenced by the UK and EU, but still, they have developed
their own courts as well as laws. But it is important to see the sources of
Scottish law. There are various principal sources of law, but one has to
understand the overall perspective of Scottish law because it has been very
complicated as well. That’s why there are various differences between Scottish
law and English law. The main source of Scottish law is Roman law, which has
made so much influence on Scottish law. For instance, the law of contract in
Scotland is influenced by the contract law given in Roman law. In addition to
that Institutional Writers have also been a major source of Scottish law, as
they wrote various books detailing different principles. That’s why when
lawyers deal with cases in Scotland; they look at the principles explained by
the Institutional Writers, which helps them to understand different
perspectives so that they can prepare strong arguments based on those
principals (Shelter Scotland, 2019)
The other important source of Scottish law is the case
laws. The courts are strong in Scotland, and they can make so many changes in
the law. In addition to that, the UK Parliament and legislation are another
source of law for Scottish Law. The laws made by the UK parliament are named as
“Acts of Parliament. It is important to understand that laws made in the UK can
have an influence on Scotland, as they are part of the UK. The other major
source of law for Scottish law is EU legislation. It is a fact that the UK was
made a member of the EU in 1973. So, when any law or legislation is made by the
EU parliament, it is valid in the UK as well, which means that such legislation
will have an effect on Scottish law. For instance, an act was made by the EU
with the name “European Union Act 2011” and this law is also applicable in the
UK. It is important to understand that these principal sources of laws are
crucial for Scottish law in so many ways (Shelter Scotland, 2019)