CHAPTER XXI

THE SPECIAL FEATURES OF
SCOTTISH GOVERNMENT

It has already been noticed, in Chapter VI, that special provision
is made, in the Departments of Central Government, for the
administration of Scottish Home Affairs, Health, Education, and
Agriculture and Fisheries. The Judicature and local Government
of Scotland are also distinct from those of England. The general
considerations discussed in Chapters XVI, XVIII and XIX apply,,
broadly, to the whole of Great Britain, the differences being
mainly found in the administrative machinery. These differences'
are in part due to the persistence of Scottish institutions older
than the union of the two countries, and in part to the geography
of Scotland, with her colder climate and more sparsely populated
regions.

I. THE JUDICATURE.

Scottish law, like English, is composed of Common Law,
Statute Law and Equity. The Common Law is based on the
principles of Roman Law, and did not suffer from the rigidity
which the limited number of writs imposed on English Common
Law. The Statutes are those made by the Scottish Parliament
before the Union of 1707, and by the British Parliament since,
except where it is stated that they sh^ll not apply to Scotland. As
in England, all three elements form now one system to be
administered by the courts. In the arrangement of the courts,
the distinction between civil and criminal law, and between
greater and lesser matters, may be observed.