A comparative investigation into the revolution in private law in the era of human rightsScotland 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

This book by a team of academics, judges and distinguished practitioners discusses the implications of the incorporation of the ECHR into Scots law.

The Scottish Invention of America, Democracy and Human Rights is a history of liberty from 1300 BC to 2004 AD. The book traces the history of the philosophy and fight for freedom from the ancient Celts to the medieval Scots to the Scottish Enlightenment to the creation of America. The work contends that the roots of liberty originated in the radical political thought of the ancient Celts, the Scots' struggle for freedom, John Duns Scotus and the Scottish declaration of independence (Arbroath, 1320) that were the primary basis of the American Declaration of Independence and the modern human rights movement.

A course on the Scottish legal system is a compulsory part of undergraduate degrees in Scots Law. The Scottish Legal System sets out to present the 'legal system and law of Scotland as a unique and constantly changing human enterprise' and places the Scottish legal system in its broader political and social contexts. This is achieved by covering not only the central aspects of the system, such as the courts and the legal profession, but also the border areas with constitutional law and jurisprudence. This new sixth edition includes new case law on devolution and human rights issues in Scotland. This well established text provides an up-to-date treatment of all significant developments affecting the Scottish legal system.

This book provides guidance to the Scottish legal profession. The work explores the impact of human rights legislation in Scotland and provides a review of ECHR jurisprudence and relevant domestic legislation and case law as well as an overview of Strasbourg enforcement machinery.

An up-to-date, user-friendly guide to the subject of commercial law as it operates in Scotland, this book is intended primarily for students on commercial law, mercantile law or business law courses. It should also be useful for postgraduate courses and for practitioners

In this book leading international scholars provide fascinating insights into the vital but enigmatic role of Article 5 of the Convention on the Rights of the Child.

The Human Rights Act 1998 is criticised for providing a weak protection of human rights. The principle of parliamentary legislative supremacy prevents entrenchment, meaning that courts cannot overturn legislation passed after the Act that contradicts Convention rights. This book investigates this assumption, arguing that the principle of parliamentary legislative supremacy is sufficiently flexible to enable a stronger protection of human rights, which can replicate the effect of entrenchment. Nevertheless, it is argued that the current protection should not be strengthened. If correctly interpreted, the Human Rights Act can facilitate democratic dialogue that enables courts to perform their proper correcting function to protect rights from abuse, whilst enabling the legislature to authoritatively determine contestable issues surrounding the extent to which human rights should be protected alongside other rights, interests and goals of a particular society. This understanding of the Human Rights Act also provides a different justification for the preservation of Dicey's conception of parliamentary sovereignty in the UK Constitution.

Adult Protection and the Law in Scotland provides a guide to the general principles of legislation in relation to adult protection. This updated text includes a new chapter on financial harm and abuse covering topics such as commercial debt, mis-selling products, insurance and loans. This title includes coverage of the Self Directed Support (Scotland) Act 2013 and Protection of Vulnerable Groups (Scotland) Act 2007, Public Services Reform (Scotland) Act 2010 including creation of Healthcare Improvement Scotland (HIS) and Care Inspectorate and the principles of the Self Directed Support Act. This title also covers Court Measures of Protection with practical information on preparation for adult protection hearings, drafting applications, addressing sheriffs, use of temporary orders, warrants for arrest and remedies for breach of orders including a new section on contempt of court.

Scots Criminal Law "e; A Critical Analysis provides a clear statement of the current law for students and practitioners, with a theoretical and critical focus. This new edition has been updated to reflect changes in the law since the first edition publishe