This item was published during the term of a previous administration that ended in April 2007
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Modernising the legal system
21/01/2004
'A modern solution for a modern government' was how the
Lord Advocate, Colin Boyd QC summed up proposals for the
establishment of a UK Supreme Court.
The Lord Advocate presented the case for the
establishment of a Supreme Court at a Law Society of
Scotland event focusing on proposed constitutional
reforms.
Speaking to an audience of around 60 lawyers, the Lord
Advocate emphasised the need for everyone involved in the
legal system to be forward thinking in considering this
issue, and underlined his belief in the need for continued
modernisation.
Colin Boyd said:
"We need to develop a modern system to reflect the
institutions and challenges of modern government,
especially the public's expectations of transparency and
accountability. In my view, the creation of a Supreme Court
is the way forward.
"There is no future for this country, and this legal
system, in looking to the past. Our legal ancestors did
what they thought was right for them. Times have changed.
Scottish lawyers and legislators must now look to what is
right for us, what will work for us, what will best reflect
the interests and the genius and the spirit of Scots law in
the United Kingdom in the 21st century.
"Through debate and discussion of these proposals, Scots
lawyers and legislators can shape changes to the legal
system, which will endure well into the 21st century."
The Lord Advocate has dismissed claims that the
proposals are not compatible with the provisions of the
Treaty of Union, saying:
"It is unsound in law and judgement to argue that the
Supreme Court would be incompatible with the Treaty of
Union."
The Lord Advocate will participate in the Scottish
Parliamentary debate on this issue that has been scheduled
for January 29.