Law Society reminds MSPs of duty to judicial independence

Law Society of Scotland President Susan Murray has written to remind Members of the Scottish Parliament of their moral and legal obligation to uphold the independence of the judiciary.

The letter addressed to the Parliament’s Presiding Officer, Alison Johnstone, has been sent following recent comments made by the MSP for North East Scotland, Maggie Chapman, about the UK Supreme Court:

Susan Murray said in the letter: “I would respectfully request that you remind all Members of the Scottish Parliament of their important legal obligations to uphold the independence and integrity of our judiciary.

“Section 1(1)(d) of the Judiciary and Courts (Scotland) Act 2008, under the heading “Guarantee of continued judicial independence” specifically states that MSPs must uphold the continued independence of the judiciary. Conduct that does not meet this legislative directive undermines the rule of law, and damages not just our courts but our entire legal system, including the Scottish Parliament. We urge all MSPs to actively support and promote Scotland’s legal system, and to respect the independence of our judiciary within that system.”

Susan Murray said last week: “The Supreme Court’s task is to consider the most difficult and complex legal questions, and it must be able to do so without fear or favour.  

“It is entirely unacceptable for any politician to discredit the work of our judges when they seek to undertake this task fairly and independently.”