The Reform of the Scottish Judiciary

Citation

Little GFM (2011) The Reform of the Scottish Judiciary. In: Sutherland EE, Goodall KE, Little GFM & Davidson FP (eds.) Law Making and the Scottish Parliament: The Early Years. Edinburgh Studies in Law, 9. Edinburgh: Edinburgh University Press, pp. 183-207. https://doi.org/10.3366/edinburgh/9780748640195.003.0027

Abstract
The Scottish Parliament has, in its first decade of law-making, introduced important statutory reforms of the judiciary with the objective of modernising its position in the constitution and strengthening its internal structures and processes. Indeed, for the higher judiciary in the Court of Session in particular, the passing by the Parliament of the Judiciary and Courts (Scotland) Act 2008 is one of the most significant legislative landmarks since the Act of Union 1707. This chapter is organized as follows. First, brief consideration is given to the importance of a strong, independent judiciary for the maintenance of the rule of law. Second, the constitutional and legal provision for Scottish judges prior to the 2008 Act is evaluated. Third, the main reforms introduced by the 2008 Act are analysed. The chapter then concludes with a short assessment of the Parliament's contribution to the area.