Immigration “A politically charged subject in Britain -in accordance to Bamber Gascoigne´ Encyclopedia of Britain about “Immigration”- since the 1960s. In the years immediately after World War II, when the country had need of cheap labour, immigration from within the Commonwealth was made easy. The new arrivals came first from the West Indies and then from the Indian subcontinent. But alarm in some quarters at their numbers led to a Commonwealth Immigration Act in 1962. In 1968 the Commonwealth Immigrants Act further restricted the number of Asians arriving from Kenya. By then it was possible for politicians to play on prejudices against ethnic minorities. It was the year of Enoch Powell’s ‘rivers of blood’ speech, and *neo-Nazis were making their appearance in Britain. The present law derives from the Immigration Acts of 1971 and 1988 and from the British Nationality Act of 1981. The combined effect of these has been to limit permanent entry to *British citizens, citizens of the republic of Ireland and certain Commonwealth citizens (those born before 1983 with at least one British parent); meanwhile EC regulations allow residence to citizens of other EC countries. Any outside these categories who are allowed to settle either have skills […]
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Legal Terms in Scotland: Action Acts of Adjournal Acts of Sederunt Adjudication Admonition Aliment Allenarly Allodial Art and Part Assoilzie Avizandum Books of Council and Sessions Candlemas Caution Confirmation Curator Dead´s Part Debate Decree Defender Delict Diligence Excambion Executor Feu Fiar Forisfamiliation Furthcoming Grassum Ground Annual Haver Homologation Hypthec Induciae Infettment Inhibition Initial Writ Lammas Lawburrows Legal Rights Lien Liferent Lord Advocate Messanger-in-Arms Personal Bar Poinding Probative Procurator Fiscal Reddendo Registrer of Sasines Sasine Signet Sist Teind Tenendas Tholing and Assize Udal Land Vexation Litigant
Branches of Scots Law The principal division in Scots Laws is that between public law, where the state in some manifestation is involved, and private law, where only private persons are involved. The Law of Persons Parent and Child Husband and Wife Guardian and Ward Other Persons in Scots Law: partnerships and limited companies. The Law of Obligations Contract Law Delict The Law of Property Heritable Property Movable Property Other Trusts Succession Bankruptcy Private International Law
Civil and Criminal Jurisdictions House of Lords, which sits in Westminter Court of Session, formed by the Inner House and the Outer House. High Court of Justiciary Sheriff Court District Court Magistrate´s Court Other Courts Court of the Lord Lyon Scottish Land Court Teind Court Church Courts Tribunals Many administrative tribunals sit in Scotland, including: Employment Appeals Tribunal Immigration Appeals Tribunal Lands Tribunal for Scotland
Legal Professions in Scotland The Scottish legal professions are, like their English counterparts, divided into advocates (analogous to English barristers) and solicitors. The Faculty of Advocates Scottish Law Society Other non-statutory societies of solicitors include the Royal Faculty of Procurators in Glasgow and the Society of Advocates in Aberdeen.
The sources of Scots Laws are Legislation (including European legislation), Precedent, Institutional text (from writers like Mackenzie, Stair, Craig, Bell, Hume and Alison), Custom and Equity.
Trade Unions History of Trade Unions “From the late Middle Ages there were occasional attempts by workers -in accordance to Bamber Gascoigne´ Encyclopedia of Britain about “Trade Unions”- to stand together when arguing with those who paid them, but the common law made it illegal to combine ‘in restraint of trade’. The issue did not become important until the Industrial Revolution and the development of the factory system during the 18C, when groups of skilled artisans began to form associations. The example of the French Revolution alarmed the government into passing the Combination Acts of 1799 and 1800, which declared such associations to be criminal conspiracies against the public interest. These acts were repealed in 1824, and several of today’s unions have their earliest roots in the years immediately after that event. The surge of enthusiasm for what was now legal provoked the government into finding other ways of making it illegal, but the conviction of the *Tolpuddle Martyrs in 1834 (for unlawfully administering oaths) proved only a brief check on the proliferation of unions. The umbrella organization of the TUC (Trades Union Congress) was established in 1868, and by the end of the century the movement was powerful enough […]
Law History of Law in Britain “Roman law and English law, both widely influential, are characterized -in accordance to Bamber Gascoigne´ Encyclopedia of Britain about “law”- by very different approaches. In broad terms Roman law follows a coherent written code and a set of principles, while English law relies more on case law (an accumulation of previous decisions by judges, known as precedents). The division is seen within the United Kingdom itself, where Scotland is strongly influenced by Roman law. The developing common law was mainly concerned with penalties and damages after an offence was committed. It therefore often conflicted with people’s sense of natural justice (where there was a need, for example, for a contract to be enforced or for legal authority to prevent something happening). This led to another strand of law known as equity (fairness); such cases, where the common law offered no remedy, began to be referred to the lord chancellor (the Court of Chancery). The third element, developing with the growth of parliament, has been statute law – the accumulated body of laws established by successive acts of parliament. There is no evidence that any trace of their legal system survived the departure of the […]
Income Tax Introduction to Income Tax “Great Britain was the first country -in accordance to Bamber Gascoigne´ Encyclopedia of Britain about the entry income tax- to introduce income tax. In 1799 William Pitt, needing funds for the war against France, levied 10% per annum on incomes over £200, with a reduced rate for lower incomes and exemption below £60. The tax was lifted at the end of the Napoleonic Wars in 1815. It was next imposed in 1842, again as a temporary measure and now at only about 3%. But this time it stuck. In World War I it reached the unprecedented level of 30% with a surcharge on high incomes. The pattern was thus set for a standard tax up to a certain level and then a succession of higher rates.”
Poll Tax “A tax levied by ‘poll’ or head of population, a method notorious in English history for having partly provoked the Peasants’ Revolt -in accordance to Bamber Gascoigne´ Encyclopedia of Britain about the entry poll tax. It was similarly unpopular and only marginally less dramatic in its effects when imposed by the Conservative government in the 1980s under the euphemism of ‘community charge’. Its supporters, among whom Mrs Thatcher was prominent, argued that it was fair (in the limited sense that everybody paid the same) and that it had the advantage of making all adult citizens aware of the level of local taxes (these had impinged only on householders under the previous system of rates). Its more manifest unfairness was that it took no account of ability to pay, apart from a few categories of people eligible for an 80% reduction. The poll tax was introduced with relatively little trouble in Scotland in 1989; but the approach of the first collection of the tax in England and Wales in the spring of 1990 led to a riot in the West End of London, followed by an orchestrated campaign of nonpayment. After the replacement of Mrs Thatcher as prime minister, […]