词条 | Lord President of the Court of Session | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
释义 |
|post = Lord President of the Court of Session and Lord Justice General of Scotland |body = |insignia = Logo of the lord president.svg |insigniasize = 200 |insigniacaption = |image = |incumbent = Lord Carloway |incumbentsince = 18 December 2015 |style = The Right Honourable |appointer = Monarch on the advice of the First Minister |termlength = Life tenure with compulsory retirement at 75 |formation = 1532 |deputy = Lord Justice Clerk |succession = |inaugural = Alexander Mylne, Abbot of Cambuskenneth |website = Roles and Jurisdiction {{!}} Judicial Office for Scotland |salary = £222,862 (Salary Group 1.1) }} The Lord President of the Court of Session and Lord Justice General is the most senior judge in Scotland, the head of the judiciary, and the presiding judge of the College of Justice, the Court of Session, and the High Court of Justiciary. The Lord President holds the title of Lord Justice General of Scotland and the head of the High Court of Justiciary ex officio, as the two offices were combined in 1836. The Lord President has authority over any court established under Scots law, except for the Supreme Court of the United Kingdom and the Court of the Lord Lyon. The current Lord President of the Court of Session is Lord Carloway, who was appointed to the position on 18 December 2015. They are paid according to Salary Group 1.1 of the Judicial Salaries Scale, which in 2016 was £222,862. Remit and jurisdictionLord President of the Court of SessionThe current Lord President of the Court of Session is Lord Carloway, who was appointed to the position on 18 December 2015.[1] The Lord President is paid according to Salary Group 1.1 of the Judicial Salaries Scale, which in 2016 was £222,862.[2] Head of the judiciaryAs Lord President of the Court of Session and is the most senior judge in Scotland, the head of the judiciary, and the presiding judge of the College of Justice, and the Court of Session.[3]{{rp|Section 2(1)}} Under Section 2(6) of the Judiciary and Courts (Scotland) Act 2008, the Lord President has authority over the judiciary of any court established under Scots law, except for the Supreme Court of the United Kingdom and the Court of the Lord Lyon.{{Quote|References in this section to the Scottish judiciary are references to the judiciary of any court established under the law of Scotland (other than the Supreme Court of the United Kingdom).|Section 2(5)|Judiciary and Courts (Scotland) Act 2008[3]{{rp|Section 2(5)}}}} The Scottish Land Court, which until 1 April 2017 was administered separately, was transferred to the Scottish Courts and Tribunals Service.[4] The 2008 act states: {{quote|The Lord President is the Head of the Scottish Judiciary.|Section 2(1)|Judiciary and Courts (Scotland) Act 2008[3]{{rp|Section 2(1)}}}}The Lord President is supported by the Judicial Office for Scotland which was established on 1 April 2010 as a result of the Judiciary and Courts (Scotland) Act 2008, and the Lord President chairs the corporate board of the Scottish Courts and Tribunals Service.[3]{{rp|Schedule 3}} The Lord President, and the wider judiciary, is advised on matters relating to the administration of justice by the Judicial Council for Scotland, which is a non-statutory body established in 2007. There had been plans for a statutory judges' council but these plans were abandoned in favour of a non-statutory council convened by the Lord President.[5][6][7] Inner HouseThe Lord President presides over the 1st Division of the Inner House of the Court of Session.[8] The Inner House is the part of the Court of Session which acts as a court of appeal for cases decided the Outer House and Sheriff Appeal Court, and hearing appeals on questions of law from the Sheriff Appeal Court, Scottish Land Court, Court of the Lord Lyon, and the Lands Tribunal for Scotland.[9][10] Official OathIn Scotland the Official Oath is taken before the Lord President of the Court of Session.[11] Lord Justice GeneralThe Lord President is also the Lord Justice General of Scotland and the head of the High Court of Justiciary ex officio, with the two offices having been combined in 1836.The office of Lord Justice General is derived from the justiciars who were appointed from at least the twelfth century. From around 1567 onwards it was held heritably by the Earl of Argyll until the heritability was resigned to the Crown in 1607.[12][13] Officeholders{{CourtsScotland}}Justiciars{{See also|Justiciar of Scotia|Justiciar of Lothian}}(called Lord Chief Justices by Scot of Scotstarvet).
Lord Justice-General
Lord President
See also
References1. ^{{cite news|title=Lord Carloway appointed as Lord President - Scotland's most senior judge|url=https://www.bbc.co.uk/news/uk-scotland-35133550|accessdate=20 April 2017|work=BBC News|publisher=British Broadcasting Corporation|date=18 December 2015|deadurl=no|archiveurl=https://web.archive.org/web/20170425012459/http://www.bbc.co.uk/news/uk-scotland-35133550|archivedate=25 April 2017|df=dmy-all}} {{Court of Session}}{{High Court of Justiciary}}{{CourtsScotland2}}{{Great_Officers_of_State_in_the_United_Kingdom}}{{Scotland topics}}{{Chief Justices of British overseas territories}}{{Use dmy dates|date=September 2010}}{{DEFAULTSORT:Lord President Of The Court Of Session}}2. ^{{cite web|title=Ministry of Justice Salary Scales from 1 April 2016|url=https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/518055/moj-judicial-salaries-1-april-2016.pdf|website=gov.uk|publisher=Ministry of Justice|accessdate=5 April 2017|format=PDF|date=1 April 2016|deadurl=no|archiveurl=https://web.archive.org/web/20170425065947/https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/518055/moj-judicial-salaries-1-april-2016.pdf|archivedate=25 April 2017|df=dmy-all}} 3. ^1 2 3 {{Cite legislation Scotland|type=act|year=2008|chapter=6|act=Judiciary and Courts (Scotland) Act 2008}} 4. ^{{cite legislation Scotland|type=ssi|year=2017|number=88|ssi=The Judiciary and Courts (Scotland) Act 2008 (Scottish Land Court) Order 2017}} 5. ^{{cite web|title=Strengthening Judicial Independence in a Modern Scotland - Chapter 4 - Judges' Council|url=http://www.gov.scot/Publications/2006/01/30154152/6|website=www.gov.scot|publisher=The Scottish Government|accessdate=3 April 2017|language=en-gb|date=8 February 2006|deadurl=no|archiveurl=https://web.archive.org/web/20170404044328/http://www.gov.scot/Publications/2006/01/30154152/6|archivedate=4 April 2017|df=dmy-all}} 6. ^{{cite web|title=Judiciary and Courts (Scotland) Bill - Policy Memorandum|url=http://www.parliament.scot/S3_Bills/Judiciary%20and%20Courts%20(Scotland)%20Bill/b6s3-introd-pm.pdf|website=parliament.scot|publisher=The Scottish Parliament|accessdate=3 April 2017|page=7|language=en|format=PDF|date=30 January 2008|deadurl=no|archiveurl=https://web.archive.org/web/20170404043921/http://www.parliament.scot/S3_Bills/Judiciary%20and%20Courts%20(Scotland)%20Bill/b6s3-introd-pm.pdf|archivedate=4 April 2017|df=dmy-all}} 7. ^{{cite web|title=Constitution of the Judicial Council for Scotland|url=http://www.scotland-judiciary.org.uk/Upload/Documents/07DECJudicialCouncilConstitution.pdf|website=judiciary-scotland.org.uk|publisher=Judicial Office for Scotland|accessdate=3 April 2017|language=en|format=PDF|date=2007|quote=The Judicial Council for Scotland (“the Council”) is a body constituted for the purpose of providing information and advice to— (a) the Lord President of the Court of Session (“the Lord President”); and (b) the judiciary of Scotland, on matters relevant to the administration of justice in Scotland.|deadurl=no|archiveurl=https://web.archive.org/web/20150924085447/http://www.scotland-judiciary.org.uk/Upload/Documents/07DECJudicialCouncilConstitution.pdf|archivedate=24 September 2015|df=dmy-all}} 8. ^{{cite web|title=About the Court of Session|url=https://www.scotcourts.gov.uk/the-courts/supreme-courts/about-the-court-of-session|website=www.scotcourts.gov.uk|publisher=Scottish Courts and Tribunal Service|accessdate=2 April 2017|quote=The Inner House is in essence the appeal court, though it has a small range of first instance business. It is divided into the First and the Second Divisions, of equal authority, and presided over by the Lord President and the Lord Justice Clerk respectively.|deadurl=no|archiveurl=https://web.archive.org/web/20170314090907/http://www.scotcourts.gov.uk/the-courts/supreme-courts/about-the-court-of-session|archivedate=14 March 2017|df=dmy-all}} 9. ^{{Cite journal |title=Court of Session Act 1988 |periodical=Acts of the Parliament of the United Kingdom |url=http://www.legislation.gov.uk/ukpga/1988/36/part/V |publisher=The National Archives |volume=1988 |issue=36 |page=V |accessdate=20 April 2017 |deadurl=no |archiveurl=https://web.archive.org/web/20170421095609/http://www.legislation.gov.uk/ukpga/1988/36/part/V |archivedate=21 April 2017 |df=dmy-all }} 10. ^{{cite report|title=Policy Memorandum, Courts Reform (Scotland) Bill|author=Scottish Government|publisher=Scottish Parliament|date=6 February 2014|access-date=20 April 2017|url=http://www.parliament.scot/S4_Bills/Courts%20Reform%20(Scotland)%20Bill/b46s4-introd-pm.pdf|deadurl=no|archiveurl=https://web.archive.org/web/20170421093813/http://www.parliament.scot/S4_Bills/Courts%20Reform%20(Scotland)%20Bill/b46s4-introd-pm.pdf|archivedate=21 April 2017|df=dmy-all}} 11. ^{{Cite journal| title=Schedule, Promissory Oaths Act 1868| url=http://www.legislation.gov.uk/ukpga/Vict/31-32/72/schedule| periodical=Acts of the Parliament of the United Kingdom| year=1868| volume=72| page=Schedule| accessdate=20 April 2017| publisher=The National Archives| quote=The oath as to England is to be tendered by the Clerk of the Council, and taken in presence of Her Majesty in Council, or otherwise as Her Majesty shall direct. The oath as to Scotland is to be tendered by the Lord President of the Court of Session at a sitting of the Court.| deadurl=no| archiveurl=https://web.archive.org/web/20170421090829/http://www.legislation.gov.uk/ukpga/Vict/31-32/72/schedule| archivedate=21 April 2017| df=dmy-all}} 12. ^{{citation | title=Section 18, Court of Session Act 1830| url=http://www.statutelaw.gov.uk/documents/1830/69/ukpga| periodical=Acts of the Parliament of the United Kingdom| volume=69| page=18| quote=Office of lord justice general to devolve on lord president.| date=1830-07-23}} 13. ^{{cite web|last1=Lundy|first1=Darryl|title=Colin Campbell, 3rd Earl of Argyll {{!}} Person Page|url=http://thepeerage.com/p10831.htm#i108309|website=thepeerage.com|publisher=Lundy Consulting Ltd|accessdate=20 April 2017|language=en|date=2013|quote=Colin Campbell, 3rd Earl of Argyll... He held the office of High Justiciar [Scotland] in July 1514.|deadurl=no|archiveurl=https://web.archive.org/web/20170421090913/http://thepeerage.com/p10831.htm#i108309|archivedate=21 April 2017|df=dmy-all}} 14. ^https://archive.org/stream/scotspeeragefoun03pauluoft#page/172/mode/2up {{webarchive|url=https://web.archive.org/web/20160411075950/https://archive.org/stream/scotspeeragefoun03pauluoft |date=11 April 2016 }} 15. ^{{London Gazette | issue = 16401 | date = 7 January 1947 |page=7 | city = Edinburgh }} 16. ^{{London Gazette | issue = 17246 | date = 28 December 1954 |page=687 | city = Edinburgh }} 17. ^{{London Gazette | issue = 19080 | date = 17 March 1972 |page=241 | city = Edinburgh }} 2 : Lords President of the Court of Session|Lists of judges in Scotland |
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