13 Facts About Scots law

The introduction of feudalism from the 12th century and the expansion of the Kingdom of Scotland established the modern roots of Scots law, which was gradually influenced by other, especially Anglo-Norman and continental legal traditions.

Scots law recognises four sources of law: legislation, legal precedent, specific academic writings, and custom.

Since the UK joined the European Union, Scots law has been affected by European law under the Treaties of the European Union, the requirements of the European Convention on Human Rights and the creation of the devolved Scottish Parliament which may pass legislation within all areas not reserved to Westminster, as detailed by the Scotland Act 1998.

All devolved Scots law is legally required to keep in regulatory alignment with all future EU Law under the provisions of the UK Withdrawal from the European Union Act 2020 after it was passed by the Scottish Parliament in December 2020.

Scots law can be traced to its early beginnings as a number of different custom systems among Scotland's early cultures to its modern role as one of the three legal jurisdictions of the United Kingdom.

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The various historic sources of Scots law, including custom, feudal law, canon law, civilian ius commune and English law have created a hybrid or mixed legal system.

In 1318 a parliament at Scone enacted a code of Scots law that drew upon older practices, but it was dominated by current events and focused on military matters and the conduct of the war of Scottish Independence.

Scots law has continued to change and develop in the 20th century, with the most significant change coming under devolution and the reformation of the Scottish Parliament.

In recent years, Scots law has been affected by European law under the Treaties of the European Union, the requirements of the European Convention on Human Rights and the establishment of the Scottish Parliament which may pass legislation within its areas of legislative competence as detailed by the Scotland Act 1998.

Common Scots law is an important legal source in Scotland, especially in criminal Scots law where a large body of legal precedent has been developed, so that many crimes, such as murder, are not codified.

In criminal cases the highest appellate court is the Court of Justiciary and so the common Scots law related to criminal Scots law in Scotland has been largely developed only in Scotland.

Many areas of Scots law are legislated for by the Scottish Parliament, in matters devolved from the Parliament of the United Kingdom.

Cases where the accused alleges a breach of the European Convention on Human Rights or European Scots law can be referred or appealed to the UK Supreme Court for a ruling on the relevant alleged breach.