Thursday, 26 May 2011

"Remain In All Time Coming Within Scotland"

Alex Salmond is vexed that the "Supreme Court" has overturned a criminal conviction in Scotland. In point of fact, criminal, though not civil, cases could previously be appealed from Scotland to the Judicial Committee of the Privy Council, just as criminal, though not civil, cases can now be appealed from Scotland to the "Supreme Court". But beyond that, if Salmond and his party are so alarmed at this, as they see it, compromise of the integrity of Scots Law, then why are they so enamoured of the EU?

1 comment:

  1. Rights to appeals to the Judicial Committee only started in 1999 when the Scotland Act was implemented with its incorporation of ECHR. Before that everything criminal stopped at Edinburgh.

    The SNP want criminal appeals involving the ECHR from the High Court of Justiciary to go to Strasburg - just as they do from the Irish Supreme Court, the French Court of Cassation etc so that the Scottish criminal legal system is equal with those of other signatory nations rather than being seen subordinate to one in London.

    Concerning the EU - the ECJ interprets treaties that bind all members. Just as the US Supreme Court interprets the constitution in its judgements when looking at the meanest summary case in a hick town in Texas to a Oregon statute to the executive actions emitting from the White House. Everything is through the prism of the Constitution.