Scots administrative law
Encyclopedia
Scots administrative law governs the rules of administrative law
in Scotland
, the body of case law
, statute
s, secondary legislation and articles
which provide the framework of procedures for judicial control over government agencies and private bodies.
Administrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, the body of case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
, statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
s, secondary legislation and articles
Articles of Association
The Continental Association, often known simply as the "Association", was a system created by the First Continental Congress in 1774 for implementing a trade boycott with Great Britain...
which provide the framework of procedures for judicial control over government agencies and private bodies.
Case law
- Bannatyne v OvertounBannatyne v OvertounBannatyne v Overtoun, [1904] A.C. 515 , was a protracted legal dispute between the United Free Church of Scotland Bannatyne v Overtoun, [1904] A.C. 515 (more correctly cited as General Assembly of the Free Church of Scotland v Lord Overtoun: Macalister v Young [1904] AC 515:1904 7 F (HL) 1 and...
- Burmah Oil Co. v Lord AdvocateBurmah Oil Co. v Lord AdvocateBurmah Oil Company Ltd. v Lord Advocate, [1965] AC 75, was a court case, raised in Scotland, and decided ultimately in the House of Lords. The case is an important decision in UK constitutional law and had unusual legal repercussions at the time....
- MacCormick v Lord Advocate
- West v Secretary of State for ScotlandWest v Secretary of State for ScotlandWest v Secretary of State for Scotland 1992 SC 385 ,1992 SLT 636, is the leading case on judicial review in Scotland and sets out in detail the present law...
Further reading
- A source book and history of administrative law in Scotland, by various authors, edited by M.R. McLarty, assisted by G. Campbell H. Paton, London, W. Hodge, 1956