Human Rights Law in Scotland

Posts regarding human rights law in Scotland and the UK | Scots Law 2.0

Employee or Office-holder. Contract or not. Police Pension reform…

April 21, 2013

Police officers, that is the rank and file, do not have contracts of employment as they hold ‘office’. Employees as I understand it, must have contracts of employment to protect both parties. Recent proposed changes to the Police Pension Scheme and the intention of government to repeal Section 2 of their Pension Regulations is causing […]

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ScotsLawBlog one of the Top 25 International & Foreign Law Blogs of 2011

November 17, 2011

I am delighted to announce that ScotsLawBlog has been named as one of LexisNexis’  Top 25 International & Foreign Law Blogs of 2011. For those other keen bloggers or for those considering blogging for the first time, it may be surprising to learn that ScotsLawBlog has only recently marked its 1 year anniversary. Such is […]

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867 criminal cases not able to proceed because of Cadder

February 9, 2011

As reported by the Journal Online on Wednesday 9 February 2011, a total of 867 prosecutions have not be able to proceed as a direct result of the Cadder v HMA ruling last year, the Crown Office and Procurator Fiscal Service has announced.

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Cadder v HMA and Loss of Identity for Scots Law

February 9, 2011

Scotland’s top prosecutor, The Lord Advocate, The Rt Hon Elish Angiolini QC WS, has warned of a loss of identity for Scots law following on from the Supreme Court’s ruling on the Cadder case and, in particular, the power of the Supreme Court to make decisions on Scots human rights cases. The Lord Advocate suggests that the Supreme Court should only have the power to consider newer legislation or decisions with major constitutional consequences.

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Tommy Sheridan to sue News of the World

January 11, 2011

One may have mistakenly thought that we wouldn’t be hearing any more about Tommy Sheridan until his sentencing for perjury on 26 January 2010. That would be wrong, as Tommy Sheridan is now preparing to take legal action against both the News of the World and the Metropolitan Police, his lawyer, Aamer Anwar, confirmed on 7 January 2010. The case is being prepared after Sheridan’s personal details emerged following an investigation into phone-hacking.

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Cadder Goes Forth | Emergency Amendments to Scots Criminal Law

October 27, 2010

The Law Society’s response appears to be a welcome pragmatic and practical one. The principle of proportionality is rooted in the human rights legislation within the ECHR and, thus, in the Human Rights Act 1998. Yes, we have to change, but let’s not go overboard.

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