Movatterモバイル変換


[0]ホーム

URL:


Jump to content
WikipediaThe Free Encyclopedia
Search

Lord President of the Court of Session

From Wikipedia, the free encyclopedia
(Redirected fromLord Justice General)
Most senior judge in Scotland
"Lord Justice General" redirects here. For the Lord Justice General of Ireland, seeLords Justices of Ireland.

Lord President of the
Court of Session
and
Lord Justice General
of Scotland
Scottish Gaelic:Àrd-mhorair Cùirt an t-Seisein
Logo of the Lord President of the Court of Session
Incumbent
Lord Pentland
since 3 February 2025
StyleThe Right Honourable
AppointerMonarch on the advice of theFirst Minister
Term lengthLife tenure with compulsory retirement at 75
Inaugural holderAlexander Mylne, Abbot of Cambuskenneth
Formation1532
DeputyLord Justice Clerk
Salary£222,862 (Salary Group 1.1)
WebsiteRoles and Jurisdiction | Judicial Office for Scotland

TheLord President of the Court of Session andLord Justice General (Scottish Gaelic:Àrd-mhorair Cùirt an t-Seisein) is the most seniorjudge inScotland, the head of thejudiciary, and the presiding judge of theCollege of Justice, theCourt of Session, and theHigh Court of Justiciary. The Lord President holds the title of Lord Justice General of Scotland and the head of theHigh Court of Justiciaryex officio, as the two offices were combined in 1836. The Lord President has authority over any court established underScots law, except for theSupreme Court of the United Kingdom and theCourt of the Lord Lyon.

The current Lord President of the Court of Session isLord Pentland, who was appointed to the position on 3 February 2025 succeedingLord Carloway They are paid according to salary group 1.1 of the Judicial Salaries Scale, which in 2016 was £222,862.

Remit and jurisdiction

[edit]

Head of the judiciary

[edit]

As Lord President of the Court of Session and is the most seniorjudge inScotland, the head of thejudiciary, and the presiding judge of theCollege of Justice, and theCourt of Session.[1]: 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 underScots law, except for theSupreme Court of the United Kingdom and theCourt of the Lord Lyon.

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[1]: Section 2(5) 

TheScottish Land Court, which until 1 April 2017 was administered separately, was transferred to theScottish Courts and Tribunals Service.[2] The 2008 act states:

The Lord President is the Head of the Scottish Judiciary.

— Section 2(1), Judiciary and Courts (Scotland) Act 2008[1]: Section 2(1) 

The Lord President is supported by theJudicial Office for Scotland which was established on 1 April 2010 as a result of theJudiciary and Courts (Scotland) Act 2008, and the Lord President chairs the corporate board of theScottish Courts and Tribunals Service.[1]: 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.[3][4][5]

Inner House

[edit]

The Lord President presides over the 1st Division of theInner House of the Court of Session.[6] TheInner House is the part of the Court of Session which acts as acourt of appeal for cases decided theOuter House andSheriff Appeal Court, and hearing appeals onquestions of law from theSheriff Appeal Court,Scottish Land Court,Court of the Lord Lyon, and theLands Tribunal for Scotland.[7][8]

Official Oath

[edit]

In Scotland theOfficial Oath is taken before the Lord President of the Court of Session.[9]

Lord Justice General

[edit]

The Lord President is also the Lord Justice General of Scotland and the head of theHigh Court of Justiciaryex officio, with the two offices having been combined in 1836.The office of Lord Justice General is derived from thejusticiars who were appointed from at least the twelfth century. From around 1567 onwards it was held heritably by theEarl of Argyll until the heritability was resigned tothe Crown in 1607.[10]

Officeholders

[edit]
Part of a series on
Scots law

Justiciars

[edit]
See also:Justiciar of Scotia andJusticiar of Lothian

(called Lord Chief Justices byScot of Scotstarvet).

Lord Justice-General

[edit]
FromUntilRemarks
William Graham, 1st Earl of Airth, 7th Earl of Menteith11 July 16288 November 1633
SirWilliam Elphinstone23 December 163513 November 1641
SirThomas Hope, younger of Kerse18 November 164123 August 1643
William Cunningham, 8th Earl of Glencairn13 November 164615 February 1649
John Kennedy, 6th Earl of Cassilis15 March 16499 August 1651
John Murray, 2nd Earl of Atholl16 August 166121 May 1675
Alexander Stuart, 5th Earl of Moray21 May 16755 May 1676
Archibald Primrose, Lord Carrington5 May 167630 September 1678
George Mackenzie, Lord Tarbat30 September 16781 June 1680
William Douglas, 3rd Earl of Queensberry1 June 16801 March 1682
James Drummond, 4th Earl of Perth1 March 168213 June 1684
George Livingston, 3rd Earl of Linlithgow13 June 16843 August 1689
Robert Ker, 4th Earl of Lothian3 August 168915 February 1703
George Mackenzie, 1st Earl of Cromartie17 October 170423 October 1710
Archibald Campbell, 3rd Duke of Argyll23 October 171015 April 1761
John Hay, 4th Marquess of Tweeddale27 June 17619 December 1762
Charles Douglas, 3rd Duke of Queensberry15 April 176322 October 1778
David Murray, 2nd Earl of Mansfield23 October 17781794
James Graham, 3rd Duke of Montrose14 January 179530 December 1836

Lord President

[edit]
FromUntilRemarks
Alexander Mylne, Abbot of Cambuskenneth15321543Abbot of Cambuskenneth (1519–1548)
Robert Reid,Bishop of Orkney15431558Abbot of Kinloss (1528–1553);
Commendator of Beauly (1531–1553);
Bishop of Orkney (1541–1558)
Henry Sinclair,Bishop of Ross15581565Commendator of Kilwinning (1541–1550);
Dean ofGlasgow (1550–1561);
Bishop of Ross (1558–1565)
John Sinclair,Bishop of Brechin15651566Appointed aLord of Session, 1540;
Bishop of Brechin (1565–1566)
William Baillie, Lord Provand15661567
James Balfour, Lord Pittendreich15671593Appointed aLord of Session, 1561
Alexander Seton, 1st Lord Fyvie15931604Appointed aLord of Session, 1586;
Provost of Edinburgh (1598–1608);
Lord Chancellor of Scotland (1604–1622);
Lord High Commissioner to the Parliament of Scotland (1612–1621)
James Elphinstone, 1st Lord Balmerino16051609Appointed aLord of Session, 1587;
Secretary of State (1598–1609)
John Preston of Fenton Barns, Lord Fentonbarns16091616Appointed aLord of Session, 1595
Thomas Hamilton, 1st Earl of Melrose16161625Appointed aLord of Session, 1592;
Lord Advocate (1595–1596 and 1596–1612);
Lord Clerk Register (1612)
Sir James Skene of Curriehill16261633Lord Clerk Register (1594–1612);
Appointed aLord of Session, 1594
Robert Spottiswood, Lord Newabbey16331646Appointed aLord of Session, 1622
SirJohn Gilmour of Craigmillar16611671Commissioner forEdinburghshire (1661–1671)
James Dalrymple, 1st Viscount Stair16711681Appointed aLord of Session, 1661;
Commissioner forWigtownshire (1672–1674, 1678 and 1681–1682)
George Gordon, 1st Earl of Aberdeen16811682Commissioner forAberdeenshire (1669–1674, 1678 and 1681–1682);
Appointed aLord of Session, 1680;
Lord Chancellor of Scotland (1682–1684)
SirDavid Falconer of Newton16821685Appointed aLord of Session, 1676;
Commissioner forForfarshire (1685)
SirGeorge Lockhart of Carnwath168531 March 1689Appointed Dean of theFaculty of Advocates, 1672;
Commissioner forLanarkshire (1681–1682 and 1685–1686)
James Dalrymple, 1st Viscount Stair28 October 168925 November 1695Appointed aLord of Session, 1661;
Commissioner forWigtownshire (1672–1674, 1678 and 1681–1682)
Hew Dalrymple, Lord North Berwick17 March 169820 June 1737Commissioner forNew Galloway (1690–1702);
Dean of theFaculty of Advocates (1695–1698);
Commissioner forNorth Berwick (1702–1707)
Duncan Forbes, Lord Culloden20 June 17374 June 1748MP forAyr Burghs (1721–1722);
MP forInverness Burghs (1722–1737);
Lord Advocate (1725–1737)
Robert Dundas, Lord Arniston, the Elder4 June 174826 August 1753Solicitor General for Scotland (1717–1720);
Lord Advocate (1720–1725);
MP forMidlothian (1722–1737);
Senator of the College of Justice (1737–1753)
Robert Craigie of Glendoick, Lord Craigie22 January 175410 March 1760

MP forTain Burghs (1742–1747);
Lord Advocate (1742–1746)

Robert Dundas, Lord Arniston, the Younger30 April 176013 December 1787Solicitor General for Scotland (1742–1746);
Dean of theFaculty of Advocates (1746–1760)
Lord Advocate (1754–1760);
MP forMidlothian (1754–1760)
Thomas Miller, Lord Glenlee22 December 178727 September 1789MP forDumfries Burghs (1761–1766);
Solicitor General for Scotland (1759–1760);
Lord Advocate (1760–1766);
Lord Justice Clerk (1766–1787)
Ilay Campbell, Lord Succoth26 October 178931 August 1808Solicitor General for Scotland (1783–1784);
MP forClyde Burghs (1784–1790);
Lord Advocate (1784–1789)
Robert Blair, Lord Avontoun31 August 180820 May 1811Solicitor General for Scotland (1789–1806);
Dean of theFaculty of Advocates (1801–1808)
Charles Hope, Lord Granton10 October 181120 July 1841Lord Advocate (1801–1804);
MP forDumfries Burghs (1802);
MP forEdinburgh (1803–1805);
Lord Justice Clerk (1804–1811)
David Boyle, Lord Boyle7 October 18415 May 1852MP forAyrshire (1807–1811);
Solicitor General for Scotland (1807–1811);
Lord Justice Clerk (1811–1841)
Duncan McNeill, 1st Baron Colonsay14 May 185225 February 1867MP forArgyllshire (1843–1851);
Solicitor General for Scotland (1834–1835 & 1841–1842);
Lord Advocate (1842–1846)
John Inglis, Lord Glencorse25 February 186720 August 1891MP forStamford (1858);Solicitor General for Scotland (1852);
Lord Advocate (1852 & 1858);
Lord Justice Clerk (1858–1867)
James Robertson, Baron Robertson21 September 189121 November 1899MP forButeshire (1885–1891);
Solicitor General for Scotland (1885–1886 & 1886–1888);
Lord Advocate (1888–1891);Lord of Appeal in Ordinary (1899–1909)
John Balfour, 1st Baron Kinross21 November 189922 January 1905MP forClackmannan and Kinross (1880–1899);
Solicitor General for Scotland (1880–1881);
Lord Advocate (1881–1885, 1886 & 1892–1895)
Andrew Murray, 1st Baron Dunedin4 February 190514 October 1913MP forButeshire (1891–1905);
Solicitor General for Scotland (1905–1909);
Lord Advocate (1909–1913);
Secretary for Scotland (1903–1905);
Lord of Appeal in Ordinary (1913–1932)
Alexander Ure, 1st Baron Strathclyde14 October 19131 April 1920MP forLinlithgowshire (1895–1913);
Solicitor General for Scotland (1891–1892 & 1895–1896);
Lord Advocate (1896–1903)
James Avon Clyde, Lord Clyde1 April 19201 April 1935Solicitor General for Scotland (1905);
MP forEdinburgh West (1909–1918)
andEdinburgh North (1918–1920);Lord Advocate (1916–1920)
Wilfrid Normand, Baron Normand1 April 19356 January 1947MP forEdinburgh West (1931–1935);
Solicitor General for Scotland (1929 & 1931–1933);
Lord Advocate (1933–1935);Lord of Appeal in Ordinary (1947–1953)
Thomas Cooper, 1st Baron Cooper of Culross[12]6 January 194723 December 1954MP forEdinburgh West (1935–1941);
Solicitor General for Scotland (1935);
Lord Advocate (1935–1941);
Senator of the College of Justice (1941–1954);
Lord Justice Clerk (1941-1947);
Lord President of the Court of Session (1947–1954)
James Latham Clyde, Lord Clyde[13]23 December 195425 April 1972MP forEdinburgh North (1950–1954);Lord Advocate (1951–1954);
Senator of the College of Justice (1954–1972)
George Emslie, Baron Emslie[14]25 April 197227 September 1989Dean of theFaculty of Advocates (1965–1970);
Senator of the College of Justice (1970–1989)
David Hope, Baron Hope of Craighead27 September 19891 October 1996Dean of theFaculty of Advocates (1986–1989);
Senator of the College of Justice (1989–1996);
Lord of Appeal in Ordinary (1996–2009);
Second Senior Law Lord (2009);
Deputy President of the Supreme Court (2009–2013)
Alan Rodger, Baron Rodger of Earlsferry1 October 199613 November 2002Solicitor General for Scotland (1989–1992);
Lord Advocate (1992–1995);
Senator of the College of Justice (1995–2001);
Lord of Appeal in Ordinary (2001–2009);
Justice of the Supreme Court (2009–2011)
William Cullen, Baron Cullen of Whitekirk13 November 20022 December 2005Chairman of the Medical Appeals Tribunals (1977–1986);
Senator of the College of Justice (1986–2005);
Lord Justice Clerk (1997–2002)
Arthur Hamilton, Lord Hamilton2 December 20058 June 2012Chairman of the Medical Appeals Tribunals (1989–1992);
President of the Pensions Appeal Tribunal in Scotland (1992–1995);
Senator of the College of Justice (1995–2012)
Brian Gill, Lord Gill8 June 201231 May 2015Senator of the College of Justice (1994–2015);
Lord Justice Clerk (2001–2012)
Colin Sutherland, Lord Carloway18 December 20153 February 2025[15]Senator of the College of Justice (2000–3 February 2025);
Lord Justice Clerk (2012–2015)
Paul Cullen, Lord Pentland3 February 2025Incumbent[15]Senator of the College of Justice (5 November 2008–present)

See also

[edit]

References

[edit]
  1. ^abcdScottish Parliament.Judiciary and Courts (Scotland) Act 2008 as amended (see alsoenacted form), fromlegislation.gov.uk.
  2. ^Scottish Parliament.The Judiciary and Courts (Scotland) Act 2008 (Scottish Land Court) Order 2017 as made, fromlegislation.gov.uk.
  3. ^"Strengthening Judicial Independence in a Modern Scotland – Chapter 4 – Judges' Council".www.gov.scot. The Scottish Government. 8 February 2006.Archived from the original on 4 April 2017. Retrieved3 April 2017.
  4. ^"Judiciary and Courts (Scotland) Bill – Policy Memorandum"(PDF).parliament.scot. The Scottish Parliament. 30 January 2008. p. 7.Archived(PDF) from the original on 4 April 2017. Retrieved3 April 2017.
  5. ^"Constitution of the Judicial Council for Scotland"(PDF).judiciary-scotland.org.uk. Judicial Office for Scotland. 2007.Archived(PDF) from the original on 24 September 2015. Retrieved3 April 2017.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.
  6. ^"About the Court of Session".www.scotcourts.gov.uk. Scottish Courts and Tribunal Service.Archived from the original on 14 March 2017. Retrieved2 April 2017.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.
  7. ^"Court of Session Act 1988".Acts of the Parliament of the United Kingdom.1988 (36). The National Archives: V.Archived from the original on 21 April 2017. Retrieved20 April 2017.
  8. ^Scottish Government (6 February 2014).Policy Memorandum, Courts Reform (Scotland) Bill(PDF) (Report). Scottish Parliament.Archived(PDF) from the original on 21 April 2017. Retrieved20 April 2017.
  9. ^"Schedule, Promissory Oaths Act 1868".Acts of the Parliament of the United Kingdom.72. The National Archives: Schedule. 1868.Archived from the original on 21 April 2017. Retrieved20 April 2017.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.
  10. ^"Section 18, Court of Session Act 1830",Acts of the Parliament of the United Kingdom, vol. 69, p. 18, 23 July 1830,Office of lord justice general to devolve on lord president.
  11. ^"The Scots peerage : Founded on Wood's ed. Of Sir Robert Douglas's Peerage of Scotland; containing an historical and genealogical account of the nobility of that kingdom".archive.org. Archived fromthe original on 11 April 2016.
  12. ^"No. 16401".The Edinburgh Gazette. 7 January 1947. p. 7.
  13. ^"No. 17246".The Edinburgh Gazette. 28 December 1954. p. 687.
  14. ^"No. 19080".The Edinburgh Gazette. 17 March 1972. p. 241.
  15. ^ab"Lord President announces his intention to retire in 2025".scts_judiciary. Retrieved22 June 2024.
Head of the judiciary
Other judges
Divisions
Administration
Officers of Court
Officers of Court
Buildings
Chief justice
Other judges
Administration
Other Officers
Buildings
Administration (Executive)
Administration (Judicial)
Judiciary
Civil courts
Criminal courts
Specialist courts
Legal profession
Historical courts
Great Officers of State
of England
Lord High Steward
Lord High Chancellor
Lord High Treasurer
Lord President of the Council
Lord Privy Seal
Lord Great Chamberlain
Lord High Constable
Earl Marshal
Lord High Admiral
Officers of State
of Scotland
Greater
Lord High Chancellor
  • Abolished in1707 (see Lord High Chancellor of Great Britain)
Lord High Treasurer
  • Abolished in 1707 (see Lord High Treasurer of Great Britain)
Lord Privy Seal
  • Vacant since 1922
Lord Secretary
  • Abolished in 1709
Lesser
Lord Clerk Register
Lord Advocate
Lord Treasurer-depute
  • Abolished in 1707
Lord Justice Clerk
Officers of the Crown
of Scotland
Lord President of the Council
Lord High Chamberlain
  • Resigned to the Crown in 1703
Lord High Steward
Lord High Constable
Knight Marischal
  • Vacant since 1863
Earl Marischal
  • Forfeit in 1716
Lord High Admiral2
  • Abolished in 1707
Keeper of the Great Seal of Scotland2
1 Office is either vested in the Crown, or vacant.Status is currently debated.
2 There is debate around whether these offices constitute Officers of the Crown.
‹ ThetemplateCulture of Scotland is beingconsidered for merging. ›
Scotland articles
History
Geography
Politics
Government
Politics
Law
Economy
Society
Culture
Demographics
Languages
People (list)
Religion
Chief justices of the territories of theBritish Empire and theUnited Kingdom
Legend
Current territory
Former territory
* Now aCommonwealth realm
Now a member of theCommonwealth of Nations
Europe
Americas
17th century and before18th century19th and 20th century
Africa
17th and 18th centuries19th century20th century
Asia
17th and 18th century19th century20th century
8League of Nations mandate. Iraq's mandate was not enacted and replaced by theAnglo-Iraqi Treaty
Oceania
18th and 19th centuries20th century
Antarctica and South Atlantic
  • 14. Since 2009 part ofSaint Helena, Ascension and Tristan da Cunha; Ascension Island (1922–) and Tristan da Cunha (1938–) were previously dependencies of Saint Helena.
  • 15. Both claimed in 1908; territories formed in 1962 (British Antarctic Territory) and 1985 (South Georgia and the South Sandwich Islands).
Retrieved from "https://en.wikipedia.org/w/index.php?title=Lord_President_of_the_Court_of_Session&oldid=1312533990"
Categories:
Hidden categories:

[8]ページ先頭

©2009-2025 Movatter.jp