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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.
This collection of short articles, aimed at practitioners and family law students, is replete with cases that address the multiple aspects of Scottish family law. Ordered chronologically, it charts the development of family law from the Human Rights Act 1998 and the Scotland Act 1999 to the present day. It pays particular attention to the children's hearing system, the Hague Child Abduction Convention, same-sex relationships and cohabitiation.
The Law Commission (of England and Wales) and the Scottish Law Commission were both established in 1965 to promote the reform of the laws of their respective jurisdictions. Since then, they have each produced hundreds of reports across many areas of law. They are independent of government yet rely on governmental funding and governmental approval of their proposed projects. They also rely on both government and Parliament (and, occasionally, the courts or other bodies) to implement their proposals. This book examines the tension between independence and implementation and recommends how a balance can best be struck. It proposes how the Commissions should choose their projects given that their duties outweigh their resources, and how we should assess the success, or otherwise, of their output. Countries around the world have created law reform bodies in the Commissions' image. They may wish to reflect on the GB Commissions' responses to the changes and challenges they have faced to reappraise their own law reform machinery. Equally, the GB Commissions may seek inspiration from other commissions' experiences. The world the GB Commissions inhabit now is very different from when they were established. They have evolved to remain relevant in the face of devolution, the UK's changing relationship with the European Union, increasing pressure for accountability and decreasing funding. Further changes to secure the future of independent law reform are advanced in this book.
Returning to a theme featured in some of the earlier volumes in the Edinburgh Studies in Law series, this volume offers an in-depth study of 'mixed jurisdictions' - legal systems which combine elements of the Anglo-American Common Law and the European Civil Law traditions. This new collection of essays compares key areas of private law in Scotland and Louisiana. In thirteen chapters, written by distinguished scholars on both sides of the Atlantic, it explores not only legal rules but also the reasons for the rules, discussing legal history, social and cultural factors, and the law in practice, in order to account for patterns of similarity and difference. Contributions are drawn from the Law Schools of Tulane University, Louisiana State University, Loyola University New Orleans, the American University Washington DC, and the Universities of Aberdeen, Strathclyde and Edinburgh.
Andrew Choo's 'Evidence' provides a lucid and concise account of the principles of the law of civil and criminal evidence in England and Wales. Critical and thought-provoking, it is the ideal text for undergraduate law students.
A historical examination of the liability of healthcare professionals in tort and other systems of compensation in various European countries.
Choo's Evidence provides students with a lucid account of the core principles of the law of evidence in England and Wales, whilst also exploring the fundamental rationales that underlie the law as a whole. This clear and engaging text explores current debates and draws on different jurisdictions to achieve a fascinating mix of critical and thought-provoking analysis for students and practitioners alike. Where appropriate, the author draws on comparative material and a variety of socio-legal, empirical, and non-legal material. Thorough footnoting and further reading lists provide valuable signposting to a wealth of additional sources. Digital formats The sixth edition is available for students and institutions to purchase in a variety of formats. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
The Sewel Convention seeks to ensure that the UK Parliament legislates on devolved matters only with the express agreement of the Scottish Parliament, and consent is also required for legislation on reserved matters if it alters the powers of the Scottish Parliament or Scottish Ministers. Following on from a report by the Scottish Parliament Procedures Committee on the operation of the Convention (SP paper 428, 7th report, session 2 (2005) (ISBN 1406113220) published in October 2005), the Committee's report focuses on ways of improving the communications procedure between the Scottish and Westminster Parliaments, and how MPs could be better alerted that a particular Bill before Parliament had been subject to a Sewel motion in the Scottish Parliament. Recommendations made include: the introduction of a formal process whereby the Scottish Parliament notifies Westminster when a Sewel motion has been passed and the 'tagging' of all relevant public Bills; and the need for an explicit statement on explanatory notes to Bills as to which parts of the UK the provisions will affect. The report also recommends the further consideration of the need to establish a 'Super' Scottish Grand Committee, composed of Scottish MPs, MSPs and Scottish MEPs, to discuss matters of mutual interest.
Fully revised, the new edition of this popular textbook provides an authoritative introduction to all aspects of contemporary Scottish politics and gives a full analysis of the SNP's first majority government. Fully revised, the new edition of this popular textbook provides an authoritative introduction to all aspects of contemporary Scottish politics and gives a full analysis of the SNP's first majority government.