Legal skills and debates in Scotland
Legal skills and debates in Scotland

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Legal skills and debates in Scotland

Week 4: Judicial reasoning

Introduction

In this week you explore the nature of judicial reasoning and the politics of the judicial role. This means that you think about how judges make their decisions and consider the processes of reasoning that impact on legal judgments.

Two of the concepts underpinning the constitutional framework of the UK are parliamentary sovereignty and the separation of powers.

The separation of powers means is that the executive, legislature and judiciary are separate so that each can act as a check and balance to the others. The existence of a separate and independent judiciary is seen as a cornerstone of the UK’s constitution.

After this week of study you should be able to:

  • explain the basis of logical reasoning
  • outline aspects of judicial reasoning
  • understand the complexity of the relationship between Parliaments and the courts.
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