Describe the main distinctive features of the Scottish political system.

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The aim of this essay is to describe the main distinctive features of the Scottish political system.  Also, the pattern of voting behaviour in Scotland will be discussed. and the main proposals for the future constitutional relationship between Scotland and Westminster in terms of the setting up a Scottish Parliament.

Scotland has always had a strong constitutional identity and a large number of political and social institutions.  Scotland and England were politically united in 1707.  However, the Act of Union assured that certain distinctive key features of Scotland would be indefinitely retained, such as the Scottish legal system, the Presbyterian Church for Scotland, Scottish educational system and the ‘Royal Burghs’.  However, political institutions were not given the same encouragement to exist, basically it wasn’t until 1885 that the Scottish administrative boards invited demand for the establishment of a Scottish Office.

The Scottish Office was established in 1885 resulting in the Scottish Secretary gaining a permanent place in the Cabinet.  Over the years, the departments have vastly expanded, as too has the range of functions.  However, although the Parliaments had united, the laws of Scotland and England were not.  The process of passing laws separately for Scotland created problems in terms of Parliamentary time.  Bills for Scotland greatly impinged on this time, thus Scottish Bills were being neglected.  Because of this, a special committee, The Scottish Grand Committee was set up in 1894.  There are several such Scottish committees in operation today dealing primarily with Scottish legislation.  Approximately 5 - 10 purely Scottish bills are passed during each Parliamentary session.

The Scottish legal system is also independent of the rest of Britain, except that is for the final court of appeal in civil cases, which is the House of Lords.  The legal procedures in Scottish courts are different to those in English courts, which serves to accentuate the Scottish legal independence.

The Lord Advocate and the Solicitor General for Scotland represent the Scottish legal system in Government.  Although the Lord Advocate has been considered in the same light as the Lord Chancellor (who heads the English judiciary) this is not the case.  It is the Supreme Scottish Court which is headed by the Lord President of the Court of Session, who is more in line with the Lord Chancellor.  

It can be seen that the distinctive features of the Scottish political system are the executive, legislative and judicial branches of Government.  Apart from these though, there are many other organisations, pressure groups and advisory bodies.

Whether or not Scotland can be regarded as a political system has been debated.  Political scientists, Keating and Midwinter believe the answer to be no.  In explanation they refer to the authority and power, which they argue is still retained and concentrated in Westminster and Whitehall.  They claim that a political system will only be attained with devolution, although ultimate power will still reside in London.

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However, it is not possible to solely define a political system by its political institutions and organisations, there are other criteria involved, such as the concept of Britain being a nation-state; which then casts doubt on the ability of Scotland to contain strong political systems.  It is argued that there are two broad criteria involved to establish nationhood: Firstly the ideology of the members must reflect that they are a nation, they need to consider themselves as such, and not as part of another nation.  secondly, a nation should retain some of its own particular characteristics, such as language, ...

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