Week 9 Flashcards
What were the institutional writers said to have the same status as?
A decision made in the inner house of the court of session
Who were the 7 institutional writers?
- Thomas Craig
- Viscount Stair
- Lord Bankton
- John Erskine
- David Hume
- George Bell
- Archibald Alison
What books did each write?
- Jus Feudale
- Institutions of the Law of Scotland
- Institute of the Laws of Scotland in Civil Rights
- Institutes of the Law of Scotland
- Commentaries on the Law of Scotland respecting Crimes
- Principles of the Law of a Scotland
- Principles of the Criminal Law of Scotland
What made them institutional?
- Written in local language
- Written to draw together the distinctive laws of a nation
- Comprehensive accounts of all the law in a nation, in order system. Like Institutes of Justinian
How did Stair and Justinian mirror?
Stair used the same layout and structure for much of his work as in the way of the Institutes of Justinian
Why are Institutional writers regarded as less authoritative and not a primary source of law anymore?
Case Law started to become much clearer and more present, and they wrote about law as it was in the 17th to 19th century
What is the Judicial Committee of the Privy Council?
It is the UK Supreme Court sitting in a different capacity. Not constitutionally the same but the judges are.
Can you appeal to the Privy Council in Scotland?
There is no direct line of appeal to the privy council from Scottish Courts
What are the four main topics of SLS?
- Eu Law
- Judicial precedent
- Institutional Writers
- Statutory Interpretation
