SCOTS LAW - commercial law - Essay Example

In the development of Scots law roman principles were used. Law of the roman people gave individuals the right to enjoy certain privileges; in return, the people had a variety of obligations to fulfil. These principles find applications to help solve a variety of court cases in modern day Scotland unlike in England where court decisions are based on past rulings by judges in given cases, often known as common law. Some of the laws in Scotland find their origin from various courts. These could be in England, Scotland and from other courts across Europe.

Courts are of great importance in the Scottish legal system as they can amend the law. Another source of Scottish law is lawyers who flourished in the seventeen and eighteen centuries. These lawyers wrote books that set out the precedence on which the Scottish law is based. Most of the principles were originally from the roman laws. Various lawyers who practice law today in Scotland follow and apply these principles to modern day law. The legislature in the United Kingdom makes laws through ‘acts of parliament.

’ The laws are taken through the process of legislation; here they are first introduced as bills. From bills, they undergo further amendments until they finally signed into by the queen. Scotland established its own parliament. The government of the United Kingdom delegated some power to the Scottish parliament to make laws. The parliament in Scotland is, however, a minor player as the United Kingdom parliament is still supreme when it comes to legislation function. The right of humans are a fundamental part of life and it is important that they be protected by the law.

These rights include the right to private life and the right to express oneself freely. The European Commission on Human Rights put these laws to ensure protection of human rights. Human right law is a significant source of law as all laws made must conform to it. The rights of humans