Human Rights and Scots Law

Comparative Perspectives on the Incorporation of the ECHR

Inbunden, Engelska, 2002

Av Alan Boyle, Chris Himsworth, Hector MacQueen, Andrea Loux, UK) Himsworth, Chris (University of Edinburgh, Wilson Finnie

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This book,written by a team of academics, judges and distinguished practitioners from the UK and abroad discusses the implications of the incorporation of the ECHR into Scots law. The contributors consider the impact of the Human Rights Act in light of the new constitutional settlement for Scotland and their experiences of other rights regimes in Europe, the Commonwealth, and the United States. The contributions span the fields of Private, Public, European Community and Comparative law and draw on human rights law and practice in the UK, the European Community, Canada, New Zealand, South Africa, the United States and Sweden, where the ECHR was recently incorporated. Topics include: analyses of the Human Rights Act and Scotland Act; human rights and the law of crime, property, employment, family and private life; Scottish court practice and procedure; Scots law and the European dimension; and building a rights culture in Scotland.

Produktinformation

Utgivningsdatum2002-11-04
Mått156 x 234 x 30 mm
Vikt775 g
FormatInbunden
SpråkEngelska
SerieBloomsbury 3PL
Antal sidor392
FörlagBloomsbury Publishing PLC
ISBN9781841130446

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1 Human Rights and Scots Law: IntroductionAlan Boyle2 Human Rights, Devolution and Public LawLord Clarke3 The Hamebringing: Devolving Rights SeriouslyChris Himsworth4 The Role of the Advocate General for ScotlandLynda Clark KC MP5 Constitutionalising the Role of the Judge: Scotland and the New OrderStephen Tierney6 Judicial Review, Locus Standi and Remedies: the Impact of the Human Rights ActJane Munro7 The Swedish Experience of the ECHR Since IncorporationIain Cameron8 Private Rights, Private Law, and the Private DomainHector MacQueen and Douglas Brodie9 Charting the Impact of Rights and Equality Discourse on Canadian Family LawSusan Boyd10 Incorporation of the European Convention on Human Rights: What Will it Mean for Scotland’s Children?Lilian Edwards11 Attitudes to Sexual Identity and Practice: The Impact of Human Rights Law in Scottish CourtsMartin Hogg12 Medical Law and Human Rights: Passing the Parcel Back to the Profession?Graeme Laurie13 The Protection of Property RightsGeorge Gretton14 The Human Rights Act and the Criminal Law: An Overview of the Early Case-LawConor Gearty15 The European Convention on Human Rights and Scots Criminal LawPamela Ferguson and Mark Mackarel16 Writing Wrongs: Third-party Intervention Post-incorporationAndrea Loux

This is a valuable collection, rewarding its readers with fresh insights into - and provocative assessments of - the challenges faced by Scots law as it seeks to accommodate the concepts and practices of human rights. The book will be of considerable interest also to lawyers in England, Wales and Northern Ireland, who will find in it a very worthwhile comparative analysis of the issues faced by their neighbouring legal system as it struggles to adapt to reforms similar to those which their own systems also confront. It is certainly recommended reading for all public and private lawyers with an interest in the complexities of this multi-dimensional constitutional change. Heather Lardy Public Law December 2003