Human Rights and Scots Law

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Format: Hardcover
Pub. Date: 2002-11-04
Publisher(s): Hart Publishing
List Price: $157.86

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Summary

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.

Author Biography

Alan Boyle is Professor of Public International Law,all at the University of Edinburgh.
Chris Himsworth is Professor of Public Law at the University of Edinburgh.
Hector MacQueen is Professor of Private Law and Deputy Head of the College of Humanities and Social Science at the University of Edinburgh.
Andrea Loux is a Lecturer in Law at the University of Edinburgh.

Table of Contents

Abbreviationsp. xi
Table of Casesp. xv
Table of National Legislationp. xxxv
Table of Treaties and other Instrumentsp. xlvii
Human Rights and Scots Law: Introductionp. 1
Human Rights, Devolution and Public Lawp. 9
The Hamebringing: Devolving Rights Seriouslyp. 19
The Role of the Advocate General for Scotlandp. 39
Constitutionalising the Role of the Judge: Scotland and the New Orderp. 57
Judicial Review, Locus Standi and Remedies: the Impact of the Human Rights Actp. 83
The Swedish Experience of the ECHR Since Incorporationp. 105
Private Rights, Private Law, and the Private Domainp. 141
Charting the Impact of Rights and Equality Discourse on Canadian Family Lawp. 177
Incorporation of the European Convention on Human Rights: What Will it Mean for Scotland's Children?p. 201
Attitudes to Sexual Identity and Practice: The Impact of Human Rights Law in Scottish Courtsp. 225
Medical Law and Human Rights: Passing the Parcel Back to the Profession?p. 245
The Protection of Property Rightsp. 275
The Human Rights Act and the Criminal Law: An Overview of the Early Case-Lawp. 293
The European Convention on Human Rights and Scots Criminal Lawp. 307
Writing Wrongs: Third-party Intervention Post-incorporationp. 329
Afterword to Chapter 12p. 343
Appendix to Chapter 9p. 345
Indexp. 347
Table of Contents provided by Syndetics. All Rights Reserved.

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