Human Rights And Scots Law

Human Rights Law in Scotland provides essential practical guidance to the Scottish legal profession. Contents includes: ECHR and Scots law. European protection of human rights. Applying the European Convention of Human Rights. Physical Integrity: life, torture and inhuman treatment, servitude and liberty of person. Fair administration of justice. Private and family life and education. Civil and political liberties: thought, expression, assembly and association and free elections. Property rights. Appendices: the Human Rights Act 1998, relevant sections of both the Scotland Act 1998 and the ECHR.

Practitioners and students of Scots criminal law should continue to find the third edition of this text a useful reference to its procedural aspects. Coverage embraces the full range of criminal procedure pre-trial, at trial and thereafter, both in solemn and summary cases

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.

This guide provides guidance to the Scottish practitioner. It explores the likely impact of human rights legislation in Scotland and explains the enforcement machinery of the ECHR as well as concepts, such as victim and just satisfaction. will be used by domestic courts.

The Mortgage (Rights) Scotland Act 2001 alters the law relating to property repossessions in Scotland. It gives the courts a discretionary power to refuse repossession orders where a secured lender wishes to recover property. This book gives an account of this legislation and its likely impact

The Scotland Act 1998 and the Human Rights Act 1998, have had and will continue to have profound and wide-ranging effects on the Scottish legal system. For the first time, domestic courts must consider jurisprudence of the European Convention on Human Rights (ECHR) in statutory interpretation, in development of the common law and in judicial review.A Guide to Human Rights Law in Scotland provides essential practical guidance to the Scottish legal profession. Written by two distinguished authors, the work explores the impact of human rights legislation in Scotland and provides a comprehensive review of ECHR jurisprudence and relevant domestic legislation and case law as well as an overview of Strasbourg enforcement machinery. This text is essential reading for students, legal practitioners, government agencies and others who require a clear and up-to-date guide to the application of European human rights law in Scotland.

A comparative investigation into the revolution in private law in the era of human rights Scotland and South Africa are mixed jurisdictions, combining features of common law and civil law traditions. Over the last decade a shared feature in both Scotland and South Africa has been a new and intense focus on human rights. In Scotland the European Convention on Human Rights now constitutes an important element in the foundation of all domestic law. Similarly, the Constitution of the Republic of South Africa, adopted in 1996, has as its cornerstone a Bill of Rights that binds not only the legislature, the executive, the judiciary and all organs of state, but also private parties. Of course the "constitutional moments" from which these documents sprang were very different and the Scottish and South African experience in some aspects could not be more dissimilar. Yet in many respects the parallels are close and compelling. This book, written by experts from both jurisdictions, examines exactly how human-rights provisions influence private law, looking at all branches of the subject. Moreover, it gives a unique perspective by comparing the approach in these kindred legal systems, thus providing a benchmark for both.