Court of Session
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The Court of Session ( Scottish Gaelic Cùirt an t-Seisein , Scots Coort o Session ) is the highest civil court in Scotland and part of the College of Justice . The seat of the Court of Session is in Parliament House in Edinburgh . The court is both an instance of fact and an appeal court . The highest criminal court in Scotland is the High Court of Justiciary .
history
The Court of Session was founded in 1532 under the Scottish King James V. In 1672 the High Court of Justiciary was founded, which is still the highest criminal court in Scotland. The independence of the legal system was also retained after the Act of Union 1707 , which stipulated in Art. 19, the Court of Session and the High Court of Justiciary "do after the Union and notwithstanding thereof, remain in all time coming within Scotland." The phase up to the Napoleonic Wars is characterized by the development of an independent Scottish law based on Roman legal foundations . The so-called practicks - notes on court decisions that were originally only intended for the private use of the judges of the Court of Session - played an important role in this . Since the 1800's the influence of UK Parliament legislation and the jurisprudence of the House of Lords, the influence of English law, grew steadily. In the 20th century, the number of parliamentary laws increased enormously. Scottish civil law also received new impetus from the influence of European law and the constitution of the Scottish Parliament .
Current situation
Chairman is the Lord President , since 2015 Colin Sutherland, Lord Carloway . He is Scotland's chief judge and is represented by the Lord Justice Clerk , since 2016 Leeona Dorrian, Lady Dorrian .
The judges are appointed by the British monarch on the recommendation of the First Minister (Scotland) , who in turn submits them on the basis of recommendations of the Judicial Appointments Board for Scotland . The term of office of judge ends at the retirement age of 75 years. The Court of Session is divided into the Outer House (responsible for civil and commercial matters) and the Inner House (responsible for appeals).
Appeals against decisions of the Court will be lodged with the UK Supreme Court .
literature
- Michael C. Meston, W. David H. Sellar , Lord Cooper : The Scottish Legal Tradition. New enlarged edition. The Saltire Society and The Stair Society, Edinburgh 1991, ISBN 0-85411-045-3 .
- Kenneth Reid, Reinhard Zimmermann (Eds.): A History of Private Law in Scotland. Volume 2: Obligations. Oxford University Press, Oxford et al. 2000, ISBN 0-19-829928-1 .