Overview

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.

Full Product Details

Author:   Alan Boyle ,  Chris Himsworth ,  Hector MacQueen ,  Andrea Loux
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Dimensions:   Width: 15.60cm , Height: 3.00cm , Length: 23.40cm
Weight:   0.760kg
ISBN:  

9781841130446

ISBN 10:   1841130443
Pages:   392
Publication Date:   04 November 2002
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

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 KC 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

Reviews

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

Author Information

Andrea Loux is a Lecturer in Law at the University of Edinburgh. Chris Himsworth is Professor of Public Law at the University of Edinburgh. Alan Boyle is Professor of Public International Law,all at the University of Edinburgh.

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