Fairness

In the Scottish legal system the law applies equally to everyone, government and citizen. Laws respect and guarantee fundamental human rights for every member of Scottish society.

Rationality

Laws need to be rational and must be able to be followed. Laws which cannot followed are not to be created.

Predictability

The laws that an individual must follow must be known so that, if they are broken, the likely outcome is predictable. Laws which are retrospective should not be created.

Consistency

The law applies to everyone and it applies to everyone in the same way. Cases with similar facts have similar outcomes. Judges should explain how cases that have similar facts have different outcomes.

Impartiality

The judiciary are impartial and separated from the executive (government) and the legislature (parliament). Judges can make decisions based on the merits of the case without facing pressure or repercussions from government. The legal profession is independent. Solicitors and advocates must represent a client to the best of their abilities without fear of repercussions.

Rights

Every person is entitled to inalienable fundamental rights and freedom. In Scotland the legal framework exists to ensure respect for human rights and ensures these principles are enforced.