Reed And Murdoch Human Rights Law In Scotland

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Reed and Murdoch: Human Rights Law in Scotland

Author : Jim L Murdoch
Publisher : Bloomsbury Publishing
Page : 1405 pages
File Size : 41,9 Mb
Release : 2017-03-17
Category : Law
ISBN : 9781784511944

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Reed and Murdoch: Human Rights Law in Scotland by Jim L Murdoch Pdf

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

Reed and Murdoch

Author : Ananya Mukherjee Reed,Lord Reed,James L. Murdoch,Jim Murdoch
Publisher : Butterworths
Page : 128 pages
File Size : 54,7 Mb
Release : 2004-04-30
Category : Human rights
ISBN : 0406970033

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Reed and Murdoch by Ananya Mukherjee Reed,Lord Reed,James L. Murdoch,Jim Murdoch Pdf

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.

Human Rights Law in Scotland

Author : Robert Reed,Lord Robert John Reed Reed,Jim L Murdoch
Publisher : A&C Black
Page : 1247 pages
File Size : 42,6 Mb
Release : 2011-10-31
Category : Law
ISBN : 9781847665560

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Human Rights Law in Scotland by Robert Reed,Lord Robert John Reed Reed,Jim L Murdoch Pdf

Human Rights Law in Scotland provides essential practical guidance to the Scottish legal profession. Contents includes: ECHR and Scots law. European protection of human rights. Applying the European Convention of Human Rights. Physical Integrity: life, torture and inhuman treatment, servitude and liberty of person. Fair administration of justice. Private and family life and education. Civil and political liberties: thought, expression, assembly and association and free elections. Property rights. Appendices: the Human Rights Act 1998, relevant sections of both the Scotland Act 1998 and the ECHR.

A Guide to Human Rights Law in Scotland

Author : Lord Robert John Reed Reed,J. L. Murdoch
Publisher : Butterworth-Heinemann
Page : 686 pages
File Size : 44,7 Mb
Release : 2001
Category : Law
ISBN : STANFORD:36105063160258

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A Guide to Human Rights Law in Scotland by Lord Robert John Reed Reed,J. L. Murdoch Pdf

This guide provides guidance to the Scottish practitioner. It explores the likely impact of human rights legislation in Scotland and explains the enforcement machinery of the ECHR as well as concepts, such as victim and just satisfaction. will be used by domestic courts.

Guide to Human Rights in Scotland

Author : Robert Reed
Publisher : Bloomsbury Professional
Page : 378 pages
File Size : 46,6 Mb
Release : 2007-03
Category : Electronic
ISBN : 1845925564

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Guide to Human Rights in Scotland by Robert Reed Pdf

The Scotland Act 1998 and the Human Rights Act 1998, have had and will continue to have profound and wide-ranging effects on the Scottish legal system. For the first time, domestic courts must consider jurisprudence of the European Convention on Human Rights (ECHR) in statutory interpretation, in development of the common law and in judicial review.A Guide to Human Rights Law in Scotland 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 jurisprudence and relevant domestic legislation and case law as well as an overview of Strasbourg enforcement machinery. This text is essential reading for students, legal practitioners, government agencies and others who require a clear and up-to-date guide to the application of European human rights law in Scotland.

Criminal Evidence and Human Rights

Author : Paul Roberts,Jill Hunter
Publisher : Bloomsbury Publishing
Page : 302 pages
File Size : 40,8 Mb
Release : 2012-05-18
Category : Law
ISBN : 9781847319463

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Criminal Evidence and Human Rights by Paul Roberts,Jill Hunter Pdf

Criminal procedure in the common law world is being recast in the image of human rights. The cumulative impact of human rights laws, both international and domestic, presages a revolution in common law procedural traditions. Comprising 16 essays plus the editors' thematic introduction, this volume explores various aspects of the 'human rights revolution' in criminal evidence and procedure in Australia, Canada, England and Wales, Hong Kong, Malaysia, New Zealand, Northern Ireland, the Republic of Ireland, Singapore, Scotland, South Africa and the USA. The contributors provide expert evaluations of their own domestic law and practice with frequent reference to comparative experiences in other jurisdictions. Some essays focus on specific topics, such as evidence obtained by torture, the presumption of innocence, hearsay, the privilege against self-incrimination, and 'rape shield' laws. Others seek to draw more general lessons about the context of law reform, the epistemic demands of the right to a fair trial, the domestic impact of supra-national legal standards (especially the ECHR), and the scope for reimagining common law procedures through the medium of human rights. This edited collection showcases the latest theoretically informed, methodologically astute and doctrinally rigorous scholarship in criminal procedure and evidence, human rights and comparative law, and will be a major addition to the literature in all of these fields.

Publicity Rights and Image

Author : Gillian Black
Publisher : Bloomsbury Publishing
Page : 237 pages
File Size : 45,9 Mb
Release : 2020-02-27
Category : Law
ISBN : 9781509937196

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Publicity Rights and Image by Gillian Black Pdf

Academics and practitioners are currently divided on the issues involved in permitting and regulating the commercial exploitation of publicity. 'Publicity' is the practice of using an individual's name, image and reputation to promote products or to provide media coverage, often in gossip magazines and the tabloid press. This book provides a theoretical and multi-jurisdictional review of the nature of publicity practice and its appropriate legal regulation. The book includes a detailed exploration of the justifications advanced in favour of publicity rights and those that are advanced against. Removing the analysis from any one jurisdiction the book examines current academic and judicial perspectives on publicity rights in a range of jurisdictions, drawing out similarities and differences, and revealing a picture of current thinking and practice which is intellectually incoherent. By then clearly defining the practice of publicity and examining justifications for and against, the author is able to bring the nature and shape of the right of publicity into much sharper focus. The book includes a careful consideration of possible limits to any right of publicity, the potential for assigning publicity rights or transferring them post mortem, and whether defences can be offered. The author concludes by arguing for a publicity right which provides a degree of protection for the individual but which is significantly curtailed to recognise valid competing interests. This is a work which will be of interest to academics and practitioners working in the field of publicity, privacy and intellectual property.

McAllister's Scottish Law of Leases

Author : Lorna Richardson,Craig Evan Anderson
Publisher : Bloomsbury Publishing
Page : 733 pages
File Size : 45,7 Mb
Release : 2021-02-18
Category : Law
ISBN : 9781526513939

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McAllister's Scottish Law of Leases by Lorna Richardson,Craig Evan Anderson Pdf

Covering residential, commercial and agricultural leases the fifth edition provides guidance on a wide range of topics including local authority tenancies, crofts, the Agricultural Holdings Acts and valuations of market rent. The fifth edition: - Takes full account of recent legislative changes including the Private Housing (Tenancies) (Scotland) Act 2016 and the Land and Buildings Transaction Tax (Scotland) Act 2013. - Details relevant new case law and the many changes in residential leases including legislation to abolish sales of public sector housing (the 'Right to Buy' scheme) and the introduction of the new 'private residential tenancy' covering renting rights. - Covers the Scottish Law Commission's review of commercial leases regarding how leases are terminated. - Covers the new Modern Limited Duration Tenancy for agricultural tenants, introduced by the Land Reform (Scotland) Act 2016.

Scottish Law of Leases

Author : Angus McAllister
Publisher : A&C Black
Page : 697 pages
File Size : 40,8 Mb
Release : 2013-02-26
Category : Law
ISBN : 9781847665669

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Scottish Law of Leases by Angus McAllister Pdf

Scottish Law of Leases is a comprehensive and lucid introduction to the Scots law of landlord and tenant.

Private Law and Human Rights

Author : Elspeth Reid
Publisher : Edinburgh University Press
Page : 576 pages
File Size : 47,7 Mb
Release : 2013-06-24
Category : Law
ISBN : 9780748684182

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Private Law and Human Rights by Elspeth Reid Pdf

A comparative investigation into the revolution in private law in the era of human rights Scotland and South Africa are mixed jurisdictions, combining features of common law and civil law traditions. Over the last decade a shared feature in both Scotland and South Africa has been a new and intense focus on human rights. In Scotland the European Convention on Human Rights now constitutes an important element in the foundation of all domestic law. Similarly, the Constitution of the Republic of South Africa, adopted in 1996, has as its cornerstone a Bill of Rights that binds not only the legislature, the executive, the judiciary and all organs of state, but also private parties. Of course the "constitutional moments" from which these documents sprang were very different and the Scottish and South African experience in some aspects could not be more dissimilar. Yet in many respects the parallels are close and compelling. This book, written by experts from both jurisdictions, examines exactly how human-rights provisions influence private law, looking at all branches of the subject. Moreover, it gives a unique perspective by comparing the approach in these kindred legal systems, thus providing a benchmark for both.

Sentencing and Human Rights

Author : Sarah J Summers
Publisher : Oxford University Press
Page : 305 pages
File Size : 54,5 Mb
Release : 2022-10-06
Category : Law
ISBN : 9780192697615

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Sentencing and Human Rights by Sarah J Summers Pdf

This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. There has been little sustained consideration of the ways in which human rights act to safeguard the individual from substantive unfairness or injustice in the imposition of punishment. Human rights might be expected to play a pivotal role at the sentencing stage, regulating the process and substance of sentencing, mapping out the state's role, and affording it legitimacy in the imposition of punishment. The traditional view that sentencing theory is best understood as a branch of moral philosophy has obscured the importance of consideration of the special nature of state punishment as mediated by and through law and the significance of human rights principles, notably legality, proportionality, equality, and judicial responsibility for the determination of the sentence. Sarah J Summers focusses on sentencing practices which are widespread across Europe and indeed further afield and their compatibility with constitutional or human rights principles. Sentencing and Human Rights develops a systematic account of the importance of human rights principles at sentencing stage. Consideration of these principles provides the basis for an examination of the way in which they might be expected to limit important sentencing practices, such as the imposition of aggravated sentences for previous convictions, the treatment of confessions and mandatory minimum sentences. It is not just that punishment follows a multitude of aims but rather that the balance of these aims may, and in the context of lengthy prison sentences almost certainly will, change during the sentence. This examination of the human rights limits on the sentence suggests that it might be necessary to reconsider the way in which state punishment is conceptualised in sentencing theory.

Human Rights and Social Care

Author : Sam Smith
Publisher : Liverpool University Press
Page : 196 pages
File Size : 48,6 Mb
Release : 2018-07-01
Category : Social Science
ISBN : 9781780465906

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Human Rights and Social Care by Sam Smith Pdf

In exploring the development of a human rights based approach to social care, Smith challenges the perception of human rights law and practice being the preserve of lawyers and demystifies human rights in a social care context.

Scotland's Constitution: Law and Practice

Author : Chris Himsworth,Christine O'Neill
Publisher : Bloomsbury Publishing
Page : 687 pages
File Size : 42,7 Mb
Release : 2021-03-10
Category : Law
ISBN : 9781526509567

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Scotland's Constitution: Law and Practice by Chris Himsworth,Christine O'Neill Pdf

A clear, comprehensive account of Scottish constitutional law within its UK and European context. It describes and analyses constitutional arrangements while integrating that analysis with a general background to constitutional law and the UK institutions which have a continuing relevance for the government of Scotland. This highly regarded text considers law-making powers for Scotland, the legislative process at Westminster and at Holyrood, the accountability and scrutiny of government, the independence of the judiciary and the role of the courts in interpreting and adjudicating upon constitutional and administrative law questions. The fourth edition has been fully updated throughout and includes: · An update on the Scottish devolution settlement, including the changes made by the Scotland Act 2016 in the field of social security. · A new chapter covering the Brexit referendum, the withdrawal negotiations between the UK and the EU and Brexit litigation - with a particular focus on Brexit's impact on Scottish constitutional arrangements. · Coverage of new case law since the last edition in the area of judicial review and specifically on devolution.

The Universalism of Human Rights

Author : Rainer Arnold
Publisher : Springer Science & Business Media
Page : 435 pages
File Size : 55,7 Mb
Release : 2012-08-21
Category : Law
ISBN : 9789400745100

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The Universalism of Human Rights by Rainer Arnold Pdf

Is there universalism of human rights? If so, what are its scope and limits? This book is a doctrinal attempt to define universalism of human rights, as well as its scope and limits. The book presents tests of universalism on international, regional and national constitutional levels. It is maintained that universalism of human rights is both a ‘concept’ and a ‘normative reality’. The normative character of human rights is scrutinized through the study of international and regional agreements as well as national constitutions. As a consequence, limitations of normativity are identified, usually on the international level, and take the form of exceptions, reservations, and interpretations. The book is based on the General and National Reports which were originally presented at the 18th International Congress of the International Academy of Comparative Law in Washington D.C. 2010.

Property, Trusts and Succession

Author : George Gretton,Andrew Steven
Publisher : Bloomsbury Publishing
Page : 687 pages
File Size : 52,8 Mb
Release : 2021-08-16
Category : Law
ISBN : 9781526518750

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Property, Trusts and Succession by George Gretton,Andrew Steven Pdf

Property, Trusts and Succession, Fourth Edition provides full coverage of the property, trusts and succession parts of the LLB syllabus in Scotland in one convenient volume. The relevant rules of statute and common law are surveyed and frequent examples used, making this a highly practical and accessible text. The Fourth Edition of this popular text takes account of significant recent developments, including the draft Moveable Transactions (Scotland) Bill and the ongoing land reform agenda. There is a new section on succession to digital assets. The key contents also includes: - Personal and real rights, and types of property - Ownership and how it is transferred - Prescription - Land registration - Possession - Subordinate real rights, including servitudes, real burdens, leases and securities - Proper and improper liferents - Trusts: constitution, administration and termination - Testate succession - Intestate succession - Execution of documents - Human rights - Appendix on the feudal system Whilst aimed primarily at undergraduates, this important title is also a useful source of reference for practitioners seeking a modern introduction to this area of law. George L Gretton is Lord President Reid Professor of Law Emeritus at the University of Edinburgh and a former Scottish Law Commissioner. Andrew J M Steven is Professor of Property Law at the University of Edinburgh and a former Scottish Law Commissioner.