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Essay Exam Question Answer

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  • An Introduction To Law
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  • The Open University (OU)

Essay question: Discuss the impact of the Scotland Act 1998 and the Human Rights Act 1998 on the development of the law in Scotland. Your answer should use examples taken from the W150 module materials.

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  • September 17, 2024
  • 8
  • 2018/2019
  • Essay
  • Unknown
  • A+

Subjects

  • law
  • essay
  • human rights
  • legal
  • scottish
  • exam

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  • The Open University (OU)
  • Unknown
  • An Introduction To Law
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Soha Ahmed (F339489X) EMA W150 -16J


Question 1 (80 marks) - Discuss the impact of the Scotland Act 1998 and the Human

Rights Act 1998 on the development of the law in Scotland. Your answer should use

examples taken from the W150 module materials.



In 1997, a referendum on Scottish devolution was held due to changes in political and

social opinions in society. The result of this was the Scotland Act 1998. It planned the

creation of the Scottish Parliament, separate from the UK Parliament, with its own law

making power. This Act had a huge impact on the development of law in Scotland as it

devolved certain areas in which Scotland could now legislate on their own to suit the

needs of Scottish people in particular, for example housing or education. The Human

Rights Act 1998 is another Act which has had a big impact on law making in Scotland. It

ensured that the rights contained in the ECHR were now able to be enforced in Scottish

courts as it previously, anyone wanting to appeal against an infringement of the ECHR

had to go through a lengthy and expensive process due to it not being able to be done

through the Scottish legal system. Hence, when the Human Rights Act 1998 came into

place, considerable impact was felt by the Scottish law making system. Although both

Acts have made significant changes to the law in Scotland, there are also many areas

that remain unchanged.



The Scotland Act 1998 had a great effect on the law-making process in Scotland. When

the Act came into place, it determined a list of reserved matters for the UK Parliament to

keep authority over legislating on. These matters include ones such as constitutional

matters, foreign policy and data protection. Anything that was not deemed as reserved




1

, Soha Ahmed (F339489X) EMA W150 -16J


is assumed to have been devolved to the Scottish Parliament. This includes matters

such as health, education and housing. This impacted the law-making system in

Scotland hugely as now there was a separate Parliament in Scotland that had full

legislative competence in specific areas rather than all laws being made from the UK

Parliament. The change is evident as after the Scottish Parliament was established,

“Scots law in devolved areas has tended to be different from that applicable to England”

(Howells, 2012, p. 53) which shows that the Scotland can now make legislation which is

more directly suiting to their needs.



However, the law-making process in regard to devolved matters remains unchanged in

some conditions. The UK Parliament, with agreement of the Scottish Parliament, can

still legislate on devolved matters as there is nothing preventing this in the Scotland Act

1998. This means that although power is devolved, under the Act, Scotland has no right

over the extent of the UK Parliament’s input on devolved matters. Also, the Scottish

Parliament still does not have right to legislate on reserved matters, just as it was prior

to the Scotland Act 1998, which highlights another area of law making that remains

unchanged.



The limit of legislative competence which changed due to the Scotland Act 1998 also

impacted the way laws are made in Scotland. Prior to the Act, Bills which would impact

Scotland, whether solely or collectively the UK as a whole, were all passed through the

UK Parliament legislative system. When the Scotland Act 1998 came into place, some

legal power was transferred from the UK Parliament to the newly devised Scottish




2

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