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    1. Queen and the law in Scotland

The Scottish legal system developed separately from the legal system in England, and the Sovereign plays a different role in it to that in England and Wales. The Crowns of England and Scotland were not united until 1603, when the Scottish King James VI ascended the English throne.

Until the Act of Union of 1707 (which established the Parliament of Great Britain) Scotland had her own Parliament. In the Act of Union, the continued existence of a separate legal system in Scotland was expressly provided for.

The system of rule introduced to England by William the Conqueror was brought to Scotland by King David I (reigned1124-53), and there too emerged the idea of the king as the fountain of justice.

In his reign, King David's court heard important cases and appeals from the lower courts. Justiciars appeared as the King's delegates for the administration of justice and they went on circuit to deal locally with cases not heard by the King's Court. The office of Sheriff (appointed by and acting on behalf of the King) was also established by David I, and lesser cases were heard from time to time in the Sheriff's Court in various places throughout Scotland.

The Scottish Parliament evolved some time in the thirteenth century. It originally existed as a Supreme Court and was derived from the King's Court sitting with counsel for discussion. In the administration of criminal justice, the office of King's Advocate emerged in the fifteenth century. The King's Advocate was entitled to appear in cases to represent the King's interests in securing law and order (at that time all but the most serious crimes were pursued by the injured party). By an Act of the Scottish Parliament of 1587 the Advocate was authorised to 'pursue slaughters and other crimes although the parties be silent or would otherwise privily agree'. The system of public prosecution in Scotland surviving to this day was created, allowing the Advocate to prosecute regardless of the private interests of the parties. The Lord Advocate (or Her Majesty's Advocate), as he is now known, is appointed by The Queen on recommendation of the Prime Minister. He is responsible for virtually all prosecutions in Scotland (which are on behalf of the Crown).

As in England, the role of The Queen in judicial matters has become symbolic. The Claim of Right of 1689 established the independence of the judiciary and provided for judicial office to be held during good behaviour (as the Act of Settlement did in England) rather than by the will of the Sovereign.

Today, Scotland's two most senior judges, the Lord President and the Lord Justice Clerk, are appointed by The Queen on recommendation of the Scottish First Minister. Other judges of the Supreme Court, and Sheriffs, are also appointed by The Queen on recommendation of the First Minister.

  1. Symbols of the Monarchy

Flags, stamps and coins all represent the Crown in different ways, while symbols such as the Crown Jewels exert a powerful fascination. With the passage of years, the history and meaning of many of these symbols has become obscured.

The principal symbol of the Monarchy is often deemed to be the Sovereign themselves. However, throughout the history of the Monarchy the authority of the Sovereign has been represented by symbols.

The most notable symbols of Monarchy are the Crown Jewels and regalia, the Honours of Scotland and the Principality of Wales. Lesser known symbols include the Great Seal and personal emblems of the Monarch such as the Royal Standard and Coats of Arms. Even buildings such as Buckingham Palace, Windsor Castle and the Palace of Holyroodhouse are often said to be a physical representation of the Monarchy.

Items such as the Crown Jewels, and especially the regalia, represent the continuity of the Monarchy. The regalia forms an integral part in the Coronation service for a new Sovereign and certain elements of the Crown Jewels are born before the Sovereign at the State Opening of Parliament. The Queen wears the Imperial State Crown as she delivers the speech.

The image of the Monarch is also seen as a symbol of the Monarchy with The Queen represented on items such as bank notes and stamps. Such images have been used for hundreds of years with images on Kings, Queens and Emperors being used on coins throughout Europe. Even ceremonies such as the Trooping of the Colour are seen as important symbols of the Monarchy.

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