ABSTRACT
The new Parliament of Great Britain, as set up by the Treaty of Union, acted from the first as a continuation of the English Parliament. The English take the Treaty of Union more lightly. It has even been argued by cynics that since Scotland as an independent kingdom disappeared as a result of the Treaty, there now exists no entity which can seek redress on the ground that the Treaty has been broken. The Treaty of Union, besides promising the independence of Scottish courts of law, stipulated that no alteration should be made ‘in Laws which concern private Right, except for the evident utility of the subjects within Scotland’. Scots Law, it must be remembered, differs from English Law both in its principles and in its terminology and is more akin to Roman Law and to the systems of Law prevailing on the continent of Europe.
