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The Law >> General Law >> Judiciary and Courts (Scotland) Bill
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Message started by zurich_allan on May 4th, 2008 at 9:23pm

Title: Judiciary and Courts (Scotland) Bill
Post by zurich_allan on May 4th, 2008 at 9:23pm
As with my previous posting, just trying to get a bit of activity on the forum and to see other peoples opinions on topical recent legal issues.

So does anybody have any opinions on the Judiciary and Courts (Scotland) Bill that is currently going through the system?

For those unfamiliar, it would bring in compulsory training for all Judges in Scotland as opposed to the current 'persuasion' for most CPD. Lord President Hamilton would have a huge increase in day to day responsibilities that some are of the view would be next to impossible to fulfill.

there are also changes and effects that the bill would have to areas such as procedures for reporting to the Legislature and Executive, and yet more red-tape on dealing with administrative matters.

Title: Re: Judiciary and Courts (Scotland) Bill
Post by Liberty Scotland on Aug 25th, 2010 at 12:01am
Hi ZA,

After MCgonnell v The UK the Lord Chancellor stepped down from being an active judge (he was also a cabinet member - i.e. a member of the executive). The 'ratio' (this was a EctHR case) of this case was that it was innapropriate for a judge to combine judicial, executive and legilsative functions.

IMHO McGonnel v The UK makes the position of the Lord President untenable. He already performs executive and legislative functions (acts of sederunt etc). The Judiciary and Courts (Scotland) Bill (now Act 2008) just digs his hole even deeper.

I would also state that all judgemenst made in the Court of Session since the role of the Lord President has combined Judicial, executive and legislative functions are null and void. Do you agree. The JCS just adds fuel to the fire ...

In addition the role of Sheriff Principal at a sheriffdom level is very similar to that of the Lord President and therefore, after consideration of McGonnell, all judgements made in Scotland are null and void ... do you agree?

What would you teach?

Cheers,

Liberty Scotland.

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