Friday, May 15, 2009

Environments






Political Environments N' Stuff
Scotland's head of state is the monarch of the United Kingdom, which is Queen Elizabeth II. The title Elizabeth II caused controversy when the queen was coronated because there had never been an Elizabeth I in Scotland. A legal case, MacCormick v. Lord Advocate, was taken to contest the right of the Queen to title herself Elizabeth II within Scotland, arguing that to do so would be a breach of Article 1 of the Treaty of Union. The case was lost and it was decided that future British monarchs would be numbered according to either their English or Scottish predecessors, whichever number is higher.

Scotland has a limited self-government in the United Kingdom as well as representation in the UK Parliament. The United Kingdom Parliament has power over a set list of areas specified in the Scotland Act 1998 as reserved matters, including, for example, levels of UK taxes, social security, defence, international relations and broadcasting, with all other matters being devolved.

The Scottish Parliament has legislative authority for all other areas relating to Scotland, as well as limited power to vary income tax, a power it has yet to exercise. The Scottish Parliament can give legislative consent over devolved matters back to Westminster by passing a Legislative Consent Motion if United Kingdom-wide legislation is considered to be more appropriate for a certain issue. The programmes of legislation enacted by the Scottish Parliament have seen a divergence in the provision of public services compared to the rest of the United Kingdom. For instance, the costs of a university education, and care services for the elderly are free at point of use in Scotland, while fees are paid in the rest of the UK. Scotland was the first country in the UK to ban smoking in enclosed public places.

The Scottish Parliament is a unicameral legislature comprising 129 Members, 73 which represent individual constituencies and are elected on a first past the post system; 56 are elected in eight different electoral regions by the additional member system, serving for a four year period. The Queen appoints one Member of the Scottish Parliament, (MSP), on the nomination of the Parliament, to be First Minister. Other Ministers are also appointed by the Queen on the nomination of the Parliament and together with the First Minister they make up the Scottish Government, the executive arm of government.

The Royal Coat of Arms of Queen Elizabeth II as used in Scotland.
In the 2007 election, the Scottish National Party (SNP), which campaigns for Scottish independence, won the largest number of seats of any single party and the leader of the SNP, Alex Salmond, was elected First Minister on 16 May 2007 as head of a minority government. The Labour Party became the largest opposition party, with the Conservative Party, the Liberal Democrats, and the Green Party are also represented in the Parliament. Margo MacDonald is the only independent MSP sitting in Parliament.

Scotland is represented in the British House of Commons by 59 MPs elected from territory-based Scottish constituencies. The Scotland Office represents the UK government in Scotland on reserved matters and represents Scottish interests within the UK government. The Scotland office is led by the Secretary of State for Scotland, who sits in the Cabinet of the United Kingdom, the current incumbent being Jim Murphy.






Laws N' Stuff



Scots law has a basis derived from Roman law, combining features of both uncodified civil law, dating back to the Corpus Juris Civilis, and common law with medieval sources. The terms of the Treaty of Union with England in 1707 guaranteed the continued existence of a separate legal system in Scotland from that of England and Wales. Prior to 1611, there were several regional law systems in Scotland, most notably Udal law in Orkney and Shetland, based on old Norse law. Various other systems derived from common Celtic or Brehon laws survived in the Highlands until the 1800s.

Scots law provides for three types of courts responsible for the administration of justice: civil, criminal and heraldic. The supreme civil court is the Court of Session, although civil appeals can be taken to the House of Lords. The High Court of Justiciary is the supreme criminal court in Scotland. Both courts are housed at Parliament House, in Edinburgh, which was the home of the pre-Union Parliament of Scotland. The sheriff court is the main criminal and civil court, hearing most of the cases. There are 49 sheriff courts throughout the country. District courts were introduced in 1975 for minor offences and small claims. The Court of the Lord Lyon regulates heraldry.

For many decades the Scots legal system was unique for a period in being the only legal system without a parliament. This ended with the advent of the Scottish Parliament which legislates for Scotland. Many features within the system have been preserved. Within criminal law, the Scots legal system is unique in having three possible verdicts: "guilty", "not guilty" and "not proven". Both "not guilty" and "not proven" result in an acquittal with no possibility of retrial. Many laws differ between Scotland and the rest of Britain, whereas many terms differ. Manslaughter, in England and Wales, becomes culpable homocide in Scotland, and arson becomes wilful fireraising. Procedure also differs. Scots juries consist of fifteen, not twelve jurors as is more common in English-speaking countries.
The Scottish Prison Service (SPS) manages the prisons in Scotland which contain between them over 7,500 prisoners. The Cabinet Secretary for Justice is responsible for the Scottish Prison Service within the Scottish Government.





All Credits to Wikipedia for the information in this blog



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