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Example Legislation

The Scots People Are Sovereign

The Parliament held at Perth, 18th February, 1369, reminds the king's men that parliament and the will of the people is above the king:

The Justiciar, Sheriff, or other officer of the king is not to execute any warrant contrary to the statutes and the common law, even though it be under the great, or privy seal, or the signet.

Ignorance Of The Law Is No Excuse

The Act 1425 c 67 takes steps to ensure that the law is publicised:
Item: The king with the consent of his Three Estates of the Realm has ordained that all statutes and ordinances of this parliament and of the two parliaments preceding be registered in the king's register and given to the Sheriffs, which statutes and ordinances each sheriff to be held to publish openly in the chief place in his sheriffdom and other notable places, and also to give the copies of them both to prelates, barons and burghs of his baillery upon the expense of the askers; and that each sheriff be compelled to keep the tenor of this act under the pain of deprivation of his office; and that each sheriff give open bidding to the people of his baillery, both to land and to burgh, to keep and fulfil all statutes and ordinances made in the said three parliaments under the pain contained in the acts of them, so that none have cause to pretend or allege any ignorance.

Protecting The Rights Of Individuals

The Act 1621 c 33, protecting the rights of individuals against private Acts of Parliament:
For as much as in this present session of Parliament there are many ratifications and acts in favour of particular persons passed, wherein diverse and new clauses are insert which may be prejudicial to particular parties' rights, and derogative unto many and sundry laws lawfully made and established of before, albeit the meaning of the estates be at this time as it was ever in all proceeding parliaments, that by no Act of Ratification or Act granted unto any particular person, any other party should be hurt or prejudged; For remeid whereof it is statute and ordained that no Ratification nor other Act made in favour of any particular person, shall be prejudicial to any private parties' right, But that the said Ratifications and Acts made in favour of particular persons be always understood salvo jure cujuslibet (reserving the rights of all others).



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