Governance/Legal framework development, University of Glasgow

University of Glasgow

Governance

Legal framework development

Rector

Dean of Faculty

Congregation of masters

Scribe

Faculty

Court

Secretary of Court

Senate

General Council

Legal advisor

The first constitution of the University was set up by papal bull, dated 7 January 1451, obtained from Pope Nicholas V by William Turnbull, Bishop of Glasgow at the suit of James II. The bull established a studium generale in Glasgow modelled on the University in Bologna. The bull still remains the authority by which the University awards degrees.

The constitution of the University as set out in the papal bull was supplemented by statutes and ordinances. Ordinances were the work of the Rector or Dean of Faculties and their advisors and were generally meant to meet a temporary emergency. They only obtained statutory force when confirmed by the University in the congregation of its masters. The congregation reserved to itself the power of adding to or subtracting from the existing statutes. The new statutes were presumably recorded by the Scribe or Notary who acted as secretary to the University.

In 1577, the University was re-established by Andrew Melville with a new charter of nova erectio from James VI. This charter laid down a new constitution and provided modest endowments for the University from the lands of the Cathedral and Archbishopric. The mode of governance it established remained in place for almost three hundred years.

In 1727, a royal commission clarified the constitution which had latterly become a cause of dispute. The commission confirmed the powers of the Faculty and issued a body of statutes of greater importance than any since the nova erectio and which exercised a considerable influence on the organisation and management of the University until the passing of the Universities (Scotland) Act of 1858. With the backing of a Court of Session decision in 1771, the Faculty was henceforth responsible for all important decisions.

The modern constitutional framework of the University derives from the Universities (Scotland) Acts 1858 to 1966. These acts made provision for the main statutory bodies and officers: the Court, the Senate, the General Council, the Chancellor, the Principal and Vice Chancellor and the Rector and set out the powers and duties of those statutory bodies, as well as specifying their composition. The 1889 act gave the University Court the power to alter or revoke ordinances provided that they were approved by the Senate and General Council. Ordinances then had to be approved by the general councils of the other Scottish universities and, finally, by the Privy Council. The Universities (Scotland) Act of 1966 gave the power to make legal instruments, now known as resolutions, back to the universities themselves. In a few restricted areas, mainly of constitutional import, ordinances were still required.

The Secretary of Court provided the Court with administrative support in all legal matters. Between 1888 and 1944, the Secretary was the senior partner of the Glasgow law firm, Cowan, Clapperton and Barclay.

From the 1920s at least, the University appointed as official University law agents the Glasgow law firm, Mitchells Johnston and Co. In 1996, this firm was replaced as University law agents by Dundas and Wilson. In 2004, a legal advisor was appointed to the staff of the University.

Excirptum Annalium Collegii Facultatis Artium in Universitate Glasguensi 1451-1555 Ref: GB 0248 GUA 26617 (Clerk's Press 5)
Transcript of Annales Collegii Facultatis Artium in Universitate Glasguensi (ref: GB 0248 GUA 26614 (Clerk's Press 2))

Annales Universitatis Glasguensis 1451-1558 Ref: GB 0248 GUA 26613 (Clerk's Press 1)
Includes University statutes.

Exscriptum Annalium Universitatis Glasguensis 1451-1558 Ref: GB 0248 GUA 26616 (Clerk's Press 4)
Transcript of Annales Universitatis Glasguensis (ref: GB 0248 GUA 26613 (Clerk's Press 1))

Annales Collegii Facultatis Artium in Universitate Glasguensi 1451-c 1580 Ref: GB 0248 GUA 26614 (Clerk's Press 2)
Includes University statutes.

Jura, Leges, Instituta 1578-1721 Ref: GB 0248 GUA 26619 (Clerk's Press 7)
 

Liber Statutorum Facultatis Artium Studii Glasguensis 16th century Ref: GB 0248 GUA 26615 (Clerk's Press 3)
 

Excriptum Statutorum Facultatis Artium Studii Glasguensis in Universitate Glasguensi 16th century Ref: GB 0248 GUA 26618 (Clerk's Press 6)
Transcript of Liber Statutorum Facultatis Artium Studii Glasguensis (ref: GB 0248 GUA 26615 (Clerk's Press 3))

Liber decani facultatis 1640-1654 Ref: GB 0248 GUA 26621 (Clerk's Press 9)
Includes University statutes.

Faculty meeting minutes 1640-1669, 1701-1859 ref: GB 0248 GUA 26621, 26626, 26631-26632, 26634-26635, 26647-26650, 26690-26703
 

Records of Visitations of University 1664-1727 Ref: GB 0248 GUA 26637 (Clerk's Press 25)
Includes University statutes.

Transcripts of University documents 1687 Ref: GB 0248 GUA 26791
Includes University statutes.

Act regulating University of Glasgow by Commissioners of Visitation 19 September 1727 Ref: GB 0248 GUA 26638 (Clerk's Press 26)
 

University meeting minutes 1730-1770 ref: GB 0248 GUA 26639-26644
 

Senate minutes 1730 to date Ref: GB 0248 GUA SEN 1/1
 

Senate scroll minutes 1771-1839 Ref: GB 0248 GUA 74018
 

Statuta ac Praescripta 1774 Ref: GB 0248 GUA 26679 (Clerk's Press 65)
 

Senate meeting papers c 18th century-1998 Ref: GB 0248 GUA Senate papers
 

Transcripts of items from Jura, Leges, Instituta Undated (late 18th century) Ref: GB 0248 GUA 26636 (Clerk's Press 24)
 

General Council minutes 1859-1951 Ref: GB 0248 GUA DC 183/1
 

Court minutes 1860-1997 Ref: GB 0248 GUA C 1/1
 

Court papers 1861-1964 Ref: GB 0248 GUA C 1/4
 

Indexes to Senate minutes 1873-1919 Ref: GB 0248 GUA SEN 1/2
 

General Council papers and correspondence 1889-1981 Ref: GB 0248 GUA DC 183/6
 

Court letters (in and out) 1890-1973 ref: To be confirmed
 

Court agendas 1894-1925 Ref: GB 0248 GUA C 1/3
 

Court camera minutes 1900-1944 Ref: GB 0248 GUA C 1/2
 

Court camera papers 1906-1944 Ref: GB 0248 GUA C 1/5
 

General Council agendas 1951-1964 Ref: GB 0248 GUA DC 183/2
 

   In addition, there is considerable material relating to the University's ordinances and statutes within the body of records known as the inventory. Ask the University Archivist for further information.

Title of function/activity taken from Elizabeth Parker's Function Activity Model (report compiled for JISC). Function and activity description compiled according to GASHE's Standard for Creating Function and Activity Descriptions.