The removal of the
Lord President of the Court of Session from the head of the regulatory process implies a departure from the well-established legal principle that judicial authority should be separate from the executive and legislative branches.
Lord Hope, a former
Lord President of the Court of Session, said: "Under the Scottish system he would continue to enjoy the benefits of his high-earning capacity.
Lord Cullen, 69, will step down as Scotland's most senior judge, the
Lord President of the Court of Session, on November 25.
Whereas previously there was a long-standing consensus that the solicitors' profession be regulated by a Council of Solicitors at the Law Society and that the specialist branch of advocates be regulated by the Faculty of Advocates within the College of Justice, both subject to oversight by the
Lord President of the Court of Session, the government now appears to be considering the exclusion of solicitors and advocates and judicial oversight from that regulation.
It is though the sheriffs' request was rejected by Lord Hamilton, the
Lord President of the Court of Session.
For 17 years, George Carlyle Emslie was at the helm of Scots law as
Lord President of the Court of Session and High Court Lord Justice General.