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In 1326, the first full Scottish Parliament met. The parliament had evolved from an earlier council of nobility and clergy, the colloquium, constituted around 1235, but in 1326 representatives of the burghs — the burgh commissioners — joined them to form the Three Estates.

Much of Scotland (particularly the West Central Belt around Glasgow) has experienced problems owing to the religious divide between Presbyterians and Catholics. Many Scottish Catholics maintain that, because many Establishment and business figures have links to the Orange Order, sectarianism is deeply rooted in Scottish society. This problem has historically manifested itself in a number of ways, particularly in employment and in football fanaticism. The problems associated with sectarianism in Scotland have diminished markedly compared with the past, although issues do remain to a certain degree. Scottish police have recently moved to restrict the number of Orange parades.

The Parliament is elected with a Proportional Representation electoral system, namely, the Additional Members System. This is unlike Westminster which is still elected by the First Past the Post method. It is elected every four years and contains 129 members (referred to as MSPs).

At one stage, Scottish peers were entitled to elect sixteen representative peers to the House of Lords. In 1963, the Peerage Act was passed, allowing every Scottish peer to sit in the House of Lords. However, since the current Labour government's reforms of that house this is no longer the case and hereditary Scottish peers have to stand for election from amongst all eligible peers to sit in the house as part of a group of 92 entitled to do so.

Scotland retains its own unique legal system, based on Roman law, which combines features of both civil law and common law. The terms of union with England specified the retention of separate systems. The barristers being called advocates, and the judges of the high court for civil cases are also the judges for the high court for criminal cases. Scots Law differs from England's common law system.