Author : Alan Boyle
Publisher : Hart Publishing
Page : 407 pages
File Size : 34,82 MB
Release : 2002-11-04
Category : Law
ISBN : 1841130443
This book by a team of academics, judges and distinguished practitioners discusses the implications of the incorporation of the ECHR into Scots law.
Author : Lord Reed
Publisher : Bloomsbury Professional
Page : 916 pages
File Size : 13,90 MB
Release : 2008
Category : Law
ISBN : 9781845920746
This book provides guidance to the Scottish legal profession. The work explores the impact of human rights legislation in Scotland and provides a review of ECHR jurisprudence and relevant domestic legislation and case law as well as an overview of Strasbourg enforcement machinery.
Author : Alexander Leslie Klieforth
Publisher : University Press of America
Page : 452 pages
File Size : 32,37 MB
Release : 2004
Category : History
ISBN : 9780761827917
The Scottish Invention of America, Democracy and Human Rights is a history of liberty from 1300 BC to 2004 AD. The book traces the history of the philosophy and fight for freedom from the ancient Celts to the medieval Scots to the Scottish Enlightenment to the creation of America. The work contends that the roots of liberty originated in the radical political thought of the ancient Celts, the Scots' struggle for freedom, John Duns Scotus and the Scottish declaration of independence (Arbroath, 1320) that were the primary basis of the American Declaration of Independence and the modern human rights movement.
Author : Megan Dewart
Publisher : Bloomsbury Publishing
Page : 469 pages
File Size : 30,68 MB
Release : 2019-02-19
Category : Law
ISBN : 1526506386
A course on the Scottish legal system is a compulsory part of undergraduate degrees in Scots Law. The Scottish Legal System sets out to present the 'legal system and law of Scotland as a unique and constantly changing human enterprise' and places the Scottish legal system in its broader political and social contexts. This is achieved by covering not only the central aspects of the system, such as the courts and the legal profession, but also the border areas with constitutional law and jurisprudence. This new sixth edition includes new case law on devolution and human rights issues in Scotland. This well established text provides an up-to-date treatment of all significant developments affecting the Scottish legal system.
Author : Alison Cleland
Publisher : W. Green & Son
Page : 430 pages
File Size : 49,62 MB
Release : 2001
Category : Law
ISBN :
An up-to-date, user-friendly guide to the subject of commercial law as it operates in Scotland, this book is intended primarily for students on commercial law, mercantile law or business law courses. It should also be useful for postgraduate courses and for practitioners
Author : Ananya Mukherjee Reed
Publisher : Butterworths
Page : pages
File Size : 17,38 MB
Release : 2004-04-30
Category : Human rights
ISBN : 9780406970039
Fully updated, the second edition of A Guide to Human Rights Law in Scotland provides essential practical guidance. Written by two distinguished authors, the work explores the impact of human rights legislation in Scotland and provides a comprehensive review of ECHR jurisprudence, relevant domestic legislation and case law as well as an overview of Strasbourg enforcement machinery. The new edition of this popular, ground-breaking work is updated to deal with the implications of hundreds of new decisions. Those of particular importance cover topics such as: The effect of devolution legislation The scope of the guarantee of an independent and impartial tribunal under Article 6 The effect of delay in criminal proceedings Interplay between Articles 8 and 10 in relation to privacy and the mediaThe second edition also includes information on new Council of Europe initiatives, website addresses and new comparitive material.
Author : Alison L Young
Publisher : Bloomsbury Publishing
Page : 196 pages
File Size : 12,17 MB
Release : 2008-12-05
Category : Law
ISBN : 1847314732
The Human Rights Act 1998 is criticised for providing a weak protection of human rights. The principle of parliamentary legislative supremacy prevents entrenchment, meaning that courts cannot overturn legislation passed after the Act that contradicts Convention rights. This book investigates this assumption, arguing that the principle of parliamentary legislative supremacy is sufficiently flexible to enable a stronger protection of human rights, which can replicate the effect of entrenchment. Nevertheless, it is argued that the current protection should not be strengthened. If correctly interpreted, the Human Rights Act can facilitate democratic dialogue that enables courts to perform their proper correcting function to protect rights from abuse, whilst enabling the legislature to authoritatively determine contestable issues surrounding the extent to which human rights should be protected alongside other rights, interests and goals of a particular society. This understanding of the Human Rights Act also provides a different justification for the preservation of Dicey's conception of parliamentary sovereignty in the UK Constitution.
Author : Nicola Smith
Publisher : Bloomsbury Publishing
Page : 267 pages
File Size : 14,27 MB
Release : 2016-05-03
Category : Law
ISBN : 1780439660
Adult Protection and the Law in Scotland provides a guide to the general principles of legislation in relation to adult protection. This updated text includes a new chapter on financial harm and abuse covering topics such as commercial debt, mis-selling products, insurance and loans. This title includes coverage of the Self Directed Support (Scotland) Act 2013 and Protection of Vulnerable Groups (Scotland) Act 2007, Public Services Reform (Scotland) Act 2010 including creation of Healthcare Improvement Scotland (HIS) and Care Inspectorate and the principles of the Self Directed Support Act. This title also covers Court Measures of Protection with practical information on preparation for adult protection hearings, drafting applications, addressing sheriffs, use of temporary orders, warrants for arrest and remedies for breach of orders including a new section on contempt of court.
Author : Jim L Murdoch
Publisher : Bloomsbury Publishing
Page : 1405 pages
File Size : 30,63 MB
Release : 2017-03-17
Category : Law
ISBN : 1784511943
Human Rights Law in Scotland, Fourth Edition 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 (European Court of Human Rights) jurisprudence and relevant domestic legislation and case law as well as an overview of Strasbourg enforcement machinery. The fourth edition of this highly regarded work has been fully updated to reflect legislative changes to the Scotland Act 2012 (amending the Scotland Act 1998) and coverage of two new Protocols to the ECHR, as well as new case law and developments in jurisprudence. This highly regarded title is essential reading for legal practitioners, government agencies, students and others who require a clear and up-to-date guide to the application of European human rights law in Scotland. Previous print edition ISBN: 9781847665560
Author : Cecilia Marcela Bailliet
Publisher : OUP Oxford
Page : 504 pages
File Size : 24,32 MB
Release : 2015-01-29
Category : Law
ISBN : 0191034304
Within international law there is no unified concept of peace. This book addresses this gap by considering the liberal conception of peace within Western philosophy alongside the principle of 'peaceful coexistence' supported in the East. By tracing the evolution of the international law of peace through its historical and philosophical origins, this book investigates whether there is a 'right to peace'. The book explores how existing international law and institutions contribute to the establishment of peace, or how they fail to do so. It sets out how international law promotes the negative dimension of peace-the absence of violence-as well as its positive dimension: the presence of underlying conditions for peace. It also investigates whether international actors and institutions have particular obligations in relation to the establishment and maintenance of peace. Discussions include: the relationships between the different regimes of human rights, trade, development, the environment, and regulation of arms trade with peace; the role of women, refugees, and other groups seeking equal treatment; the role of peacekeepers, transitional justice mechanisms, international courts fact-finding missions, and national constitutional frameworks in upholding peace in practice; and how civil society participates in the promotion and safeguarding of peace. The book's comprehensive treatment of the concept of peace in international law makes it an ideal reference work for those working in the field, as well as for students.
