Transcript

INSTRUCTOR

'Justice must be seen to be done' is still a principle that is important. I would suggest it is more important today because we have now an enshrined system of human rights law in Scotland and have had done since around 1998, 1999. And that requires as part of that body of law that justice is not only done but seen to be done.

But we have always had open courts in Scotland. It's only in very particular circumstances that the doors of the court will be closed. That is when particularly difficult evidence is being given, say of a sexual nature or evidence involving children and so on, or occasionally in terrorism cases where there are security concerns.

But openness is extremely important, and court judgements, important and sometimes unimportant, are published online. So anybody has access to the judgments of the court, applying the law, and deciding on cases that have been argued. And increasingly, cameras are being allowed into court when sentencing is being affected, but only focusing on the judge.

And there is still a debate going on as to whether we should have televised legal proceedings. Different people have different views about that. But I would suggest that justice generally can be seen to be done in Scotland, and that is an important principle that is respected.

Law plays an extremely important role in society because law reflects society, and then society has to reflect the law. So the law adapts to changing attitudes and problems and issues that arise in society, and then society has to react to whatever laws are made that regulate what goes on.

So if a particular event happens, there is usually a clamour for an inquiry. There is usually an expectation that lawmakers in Parliament will change the law to do something about it. And often, lawyers hold their heads in their hands when that happens because law isn't always the answer to things. Many situations arise where we have perfectly satisfactory laws that could be used to address particular problems, but politicians want to be seen to be doing things and then make more law. And we end up with more complicated situations than we had before.

We have a system of law right to the top of the chain that regulates government, that regulates what the prime minister is allowed to do and not allowed to do. We saw that recently in relation to the questions over Britain leaving the European Union, when it was the courts that had to say that as a matter of law-- as a matter of constitutional law in this country-- Parliament had to make the decision to sever ties with the European Union and not the prime minister.

So parking tickets, the decision to leave the European Union, and everything in between, the law touches upon and regulates.