New top judge outlines his vision

Lord Hamilton said devolution had thrown up many challenges

The man appointed as Scotland's most senior judge has stressed the importance of judicial independence in upholding the law.

Lord Hamilton, 63, was speaking at a ceremony in Edinburgh which saw him replace Lord Cullen as Lord President.

He said respect for the courts hinged on them being free from external pressures.

Lord Hamilton was nominated by the first minister on advice from a special panel of judicial and lay experts.

Lord Hamilton said Scotland's supreme courts had witnessed many changes in the law over the past decade.

We now have, within a mile of our doors, an institution with a full legislative programme devoted to Scottish affairs Lord Hamilton

"Scotland now has its own law-making parliament," he said.

"There was a time when Scots lawyers complained that there was little opportunity to effect needed legislative reforms through the parliament at Westminster.

"We now have, within a mile of our doors, an institution with a full legislative programme devoted to Scottish affairs."

Lord Hamilton said the courts were "no mere service industry" but the protectors of rights and liberties in a free democracy.

Mutual respect

He added: "The independence of the judiciary from other organs of government is a prerequisite to the upholding of the rule of law.

"That rule can and should be upheld without the need for conflict with the executive or with the legislature.

"The risk of conflict is reduced where there is mutual respect.

"Respect for the courts and what they do will be maintained only if the institutions which the judges head are strong and are capable of resisting inappropriate pressures from whatever quarter."

The Lord President routinely presides in the Court of Session and the High Court of Justiciary.

In addition to his judicial duties, the Lord President has general supervision over all of the business of the Court of Session and the High Court.

He also makes appointments to some tribunals sitting in Scotland and makes recommendations for QCs.