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Human Rights and Scots Law: Comparative Perspectives on the Incorporation of the ECHR

ISBN13: 9781841130446
ISBN: 1841130443
Published: November 2002
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £100.00

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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.

Scots Law
1. Human Rights and Scots Law: Introduction
Alan Boyle
2. Human Rights, Devolution and Public Law
Lord Clarke
3. The Hamebringing: Devolving Rights Seriously
Chris Himsworth
4. The Role of the Advocate General for Scotland
Lynda Clark QC MP
5. Constitutionalising the Role of the Judge: Scotland and the New Order
Stephen Tierney
6. Judicial Review, Locus Standi and Remedies: the Impact of the Human Rights Act
Jane Munro
7. The Swedish Experience of the ECHR Since Incorporation
Iain Cameron
8. Private Rights, Private Law, and the Private Domain
Hector MacQueen and Douglas Brodie
9. Charting the Impact of Rights and Equality Discourse on Canadian Family Law
Susan Boyd
10. Incorporation of the European Convention on Human Rights: What Will it Mean for Scotland’s Children?
Lilian Edwards
11. Attitudes to Sexual Identity and Practice: The Impact of Human Rights Law in Scottish Courts
Martin Hogg
12. Medical Law and Human Rights: Passing the Parcel Back to the Profession?
Graeme Laurie
13. The Protection of Property Rights
George Gretton
14. The Human Rights Act and the Criminal Law: An Overview of the Early Case-Law
Conor Gearty
15. The European Convention on Human Rights and Scots Criminal Law
Pamela Ferguson and Mark Mackarel
16. Writing Wrongs: Third-party Intervention Post-incorporation
Andrea Loux