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

"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."--Bloomsbury Publishing 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.--book Jacket. 1. Human Rights And Scots Law -- 2. Human Rights, Devolution And Public Law -- 3. The Hamebringing:devolving Rights Seriously -- 4. The Role Of The Advocate General For Scotland -- 5. Costitutionalising The Role Of The Judge: Scotland And The New Order -- 6. Judicial Review, Locus Standi And Remedies:the Impact Of The Human Rights Act -- 7.the Swedish Experience Of The Echr Since Incorporation -- 8. Private Rights, Private Law Domain -- 9. Charting The Impact Of Rights And Equlaity Discourse On Canadian Family Law -- 10. Incorporation Of The European Convention On Human Rights: What Will It Mean For Scotland's Children? -- 11. Attituted To Sexual Identity And Practice:the Impact Of Human Rights Law In Scottish Courts -- 12. Medical Law And Human Rights: Passing The Parcel Back To The Profession? -- 13. The Protection Of Proerty Rights -- 14.the Human Rights Act And The Criminal Law: An Overview Of The Early Case-law -- 15. The European Convention On Human Rights And Scots Criminal Law -- 16. Writing Wrongs:third-party Intervention Post-incorporation. Edited By Alan Boyle ... [et Al.]. Includes Bibliographical References And Index. Table of Treaties and other Instruments......Page 1 Preface......Page 7 Contents......Page 9 Abbreviations......Page 11 Table of Cases......Page 15 Table of National Legislation......Page 35 1 Human Rights and Scots Law Introduction......Page 51 2 Human Rights Devolution and Public Law......Page 59 3 The Hamebringing Devolving Rights Seriously......Page 69 4 The Role of the Advocate General for Scotland......Page 89 5 Constitutionalising the Role of the Judge Scotland and the New Order......Page 107 6 Judicial Review Locus Standi and Remedies the Impact of the Human Rights Act......Page 133 7 The Swedish Experience of the ECHR Since Incorporation......Page 155 8 Private Rights Private Law and the Private Domain......Page 191 9 Charting the Impact of Rights and Equality Discourse on Canadian Family Law......Page 227 10 Incorporation of the European Convention on Human Rights What Will it Mean for Scotland’s Children......Page 251 11 Attitudes to Sexual Identity and Practice The Impact of Human Rights Law in Scottish Courts......Page 275 12 Medical Law and Human Rights Passing the Parcel Back to the Profession......Page 295 13 The Protection of Property Rights......Page 325 14 The Human Rights Act and the Criminal Law An Overview of the Early Case Law......Page 343 15 The European Convention on Human Rights and Scots Criminal Law......Page 357 16 Writing Wrongs Third party Intervention Post incorporation......Page 379 Afterword to Chapter 12......Page 393 Appendix to Chapter 9......Page 395 Index......Page 397 Preliminaries 1 Preface 7 Contents 9 Abbreviations 11 Table of Cases 15 Table of National Legislation 35 Table of Treaties and other Instruments 1 1 Human Rights and Scots Law Introduction 51 2 Human Rights Devolution and Public Law 59 3 The Hamebringing Devolving Rights Seriously 69 4 The Role of the Advocate General for Scotland 89 5 Constitutionalising the Role of the Judge Scotland and the New Order 107 6 Judicial Review Locus Standi and Remedies the Impact of the Human Rights Act 133 7 The Swedish Experience of the ECHR Since Incorporation 155 8 Private Rights Private Law and the Private Domain 191 9 Charting the Impact of Rights and Equality Discourse on Canadian Family Law 227 10 Incorporation of the European Convention on Human Rights What Will it Mean for Scotland’s Children 251 11 Attitudes to Sexual Identity and Practice The Impact of Human Rights Law in Scottish Courts 275 12 Medical Law and Human Rights Passing the Parcel Back to the Profession 295 13 The Protection of Property Rights 325 14 The Human Rights Act and the Criminal Law An Overview of the Early Case Law 343 15 The European Convention on Human Rights and Scots Criminal Law 357 16 Writing Wrongs Third party Intervention Post incorporation 379 Afterword to Chapter 12 393 Appendix to Chapter 9 395 Index 397 Spanning all fields of law and drawing on human rights law and practice worldwide, these essays include analyses of the Human Rights Act and Scotland Act, human rights and the law of crime, property, employment, family and private life