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Scottish courts and the law
Scottish courts and the law

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3 Courts and the state in Scotland

You have learnt that courts are part of the apparatus of the state. They are formally constituted bodies and an adjudication mechanism that is provided by the state. But if the state provides courts as an adjudication mechanism and the state employs the judges that sit in the courts, what happens if the state becomes the party to a legal case? What is the position of courts and judiciary (judges) within the state?

Most states abide by constitutional arrangements (principles) which govern the behaviour of the organs of the state (such as courts, the judiciary, legislative and executive) and protect their citizens.

Organs of the state (such as courts, the judiciary, legislative and executive)
Figure 2 Organs of the state