INTRODUCTION

Scottish judges possess considerable power over their fellow citizens and under the constitution. The Scottish Parliament has, in its first decade of law-making, introduced important statutory reforms of the judiciary with the objective of modernising its position in the constitution and strengthening its internal structures and processes. Indeed, for the higher judiciary in the Court of Session in particular, the passing by the Parliament of the Judiciary and Courts (Scotland) Act 2008 (hereafter “the 2008 Act”) is one of the most significant legislative landmarks since the Act of Union 1707.

This chapter is set out as follows. First, brief consideration is given to the importance of a strong, independent judiciary for the maintenance of the rule of law. Second, the constitutional and legal provision for Scottish judges prior to the 2008 Act is evaluated. Third, the main reforms introduced by the 2008 Act are analysed. The chapter then concludes with a short assessment of the Parliament's contribution to the area.

THE JUDICIARY AND THE RULE OF LAW

The independence, impartiality and competence of the judiciary are fundamental to maintaining the authority of the courts. Judicial independence is sustained by the legal and constitutional protections which seek to ensure that judges are collectively and individually safeguarded from external influences when adjudicating. Impartiality requires that individual judges are unbiased decision-takers. Scottish judges have tended to take a pragmatic approach to the distinction between independence and impartiality, recognising that they may be inter-linked.