Le Corti di Scots law. Sistema giuridico e autogoverno pluralistico del suo Giudiziario.

The Scots law Courts: legal system and the pluralistic selfgovernment of its Judiciary.

  • Alessandro Torre

Abstract

Indeed, not a single public body is settled in Scotland to be in charge of the protection of independence of the Judiciary. In other words, under the Scots law legal system the autonomy of the Court as a whole, ranging from the Court of Session and the High Court of Justiciary down to the Sheriff Courts, the Justice of Peace Courts and else, is not a matter of a high-level constitutional Warden, but of a shared legal culture. On one side, the unwritten focus of the judges’ safety of tenure is the long standing principle of the “good behaviour” where the irremovability is rooted and the proud self-confidence of deserving an accountable ethic social acknowledgement is established among the members of the Courts. On the other side a plurality of agencies cares about the preservation of the Judiciary’s independence as a basic value of a democratic constitutional system. The devolved Scottish Parliament and the Executive, the leading role of the Lord President as a master of the whole Court’s system, the independence of new commissions on whose advice the appointments to the Courts are set up, and the old College of Justice’s moderate monitoring can be seen as the main contributions to the systematical preservation of a collective sense of a safeguard of the prerogatives of an independent Judiciary, now under the enactment of the Judiciary and Courts (Scotland) Act 2008.

Published
Jan 19, 2021
How to Cite
TORRE, Alessandro. Le Corti di Scots law. Sistema giuridico e autogoverno pluralistico del suo Giudiziario.. DPCE Online, [S.l.], v. 45, n. 4, jan. 2021. ISSN 2037-6677. Available at: <http://www.dpceonline.it/index.php/dpceonline/article/view/1199>. Date accessed: 18 oct. 2021.
Citation Formats
Section
Sezione Monografica