Britain’s justice system is founded on a rich tradition of common law, supplemented by acts of Parliament passed by the UK Parliament.
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.
One famous example is the case of Donoghue v Stevenson (1932), where the House of Lords (the highest court at the time) laid the foundation for modern negligence law by establishing the principle that individuals owe a duty of care to those who might be affected by their actions. This case is still cited today and exemplifies how judicial decisions can have a long-lasting impact.
Whether in civil law, criminal law, constitutional issues, or human rights cases, the decisions handed down by British courts are not just about resolving individual disputes—they are about building and maintaining a legal system that serves justice, democracy, and the public good.
Courts in the UK operate within a hierarchical structure, meaning decisions from superior courts are binding on inferior 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.
The Scottish judiciary is headed by the Lord President, who also serves as the Lord Justice General when sitting in the High Court. Other senior judges include the Lords Commissioners of Justiciary and Senators of the College of Justice. Judicial appointments are managed independently through the Judicial Appointments Board for Scotland to ensure impartiality and merit-based selection.
A notable aspect of the Scottish legal system is the use of a tri-verdict structure in criminal trials: "guilty," "not guilty," a