Publication delayd (Originally scheduled in July 1999).
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.
1 Human Rights and Scots Law: Introduction
2 Human Rights, Devolution and Public Law
3 The Hamebringing: Devolving Rights Seriously
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
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, and the Private Domain
Hector MacQueen and Douglas Brodie
9 Charting the Impact of Rights and Equality Discourse on Canadian Family Law
10 Incorporation of the European Convention on Human Rights: What Will it Mean for Scotland's Children?
11 Attitudes 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 Property 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
Pamela Ferguson and Mark Mackarel
16 Writing Wrongs: Third-party Intervention Post-incorporation