Courts of law in Scotland are a unique part of the British legal framework.
British courts operate within a hierarchical structure, meaning decisions from senior courts are authoritative over junior courts. This principle is known as stare decisis, which ensures consistency and predictability in the law. A court must follow precedent unless it can distinguish the current case from previous rulings or if a higher court has overruled an earlier decision.
Members of the judiciary are chosen through a rigorous process, and their independence from government is a key feature of the UK’s constitutional framework. Magistrates, who typically handle less serious cases, are often volunteers and not legally trained, whereas judges in higher courts are career professionals.
Tribunals play a significant role in Scottish law as well. They handle specific areas such as immigration, housing, and employment disputes. While separate from the mainstream court system, tribunals offer a more informal, accessible route for individuals to seek resolution in administrative matters.
In England and Wales, the hierarchy of courts consists of several levels. At the bottom are the Magistrates’ Courts and County Courts. Magistrates’ Courts deal with less serious crimes, while County Courts handle disputes involving private individuals or organisations such as contract disputes.
Another example is R v Brown (1993), in which the House of Lords held that consent was not a defence to charges of actual bodily harm in sadomasochistic activities. The case sparked considerable legal and ethical debate and illustrates how court decisions can shape not only law but also public discourse.
The system is divided into various levels of courts, each with distinct functions and jurisdictions. The structure of courts in the UK includes the Magistrates' Courts, the County Courts, Crown courts, High Courts, and the Court of Appeal, leading to the highest level, the UK Supreme Court.