The Lawmaking Process in The Scottish Parliament

2001 ◽  
Vol 1 (1) ◽  
pp. 35-42 ◽  
Author(s):  
Jean McFadden
Keyword(s):  
Human Rights ◽  
Social Security ◽  
European Community ◽  
European Convention ◽  
Community Law ◽  
Scottish Parliament ◽  
Human Rights Act ◽  
The Uk ◽  
European Community Law

The Scotland Act 1998 which established the Scottish Parliament confers on that Parliament the power to make laws which are known as Acts of the Scottish Parliament. However, the legislative competence of the Parliament is restricted. The main restriction relates to reserved matters, that is those matters which the UK Parliament has not devolved to the Scottish Parliament. These are listed in sch 5 to the Act and cover such matters as defence, taxation, social security and macro-economics. Other significant restrictions on the Parliament's legislative competence are that an Act of the Scottish Parliament cannot make any provision which is incompatible with the European Convention on Human Rights (ECHR) or with European Community law, nor can an Act of the Scottish Parliament modify certain “protected enactments” - including most provisions of the Scotland Act 1998 itself and the Human Rights Act I 998. Finally, an Act of the Scottish Parliament cannot have effect outside Scotland, nor can it remove the Lord Advocate from his position as head of the systems of criminal prosecutions and investigation of deaths in Scotland. An Act of the Scottish Parliament is not law so far as any provision of it is outside the Parliament's legislative competence

15. The European Convention on Human Rights and the Human Rights Act 1998

Public Law ◽  
2018 ◽  
Author(s):  
John Stanton ◽  
Craig Prescott
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Civil Liberties ◽  
European Convention ◽  
Bill Of Rights ◽  
Rights Protection ◽  
Positive Rights ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk

One of the most fundamental aspects of any constitution are the provisions and measures that protect the rights and freedoms of individuals. In the UK, rights protection is markedly different to that in America, in chief because there is no entrenched Bill of Rights. Rights protection is dominated by the European Convention on Human Rights (ECHR), incorporated by the Human Rights Act 1998, which sets out a number of positive rights that are actionable in the UK courts This chapter discusses the ways in which these rights are protected in the UK Constitution. It discusses the courts' historic civil liberties approach and common law protection of rights, before then examining the development, incorporation, and application of the ECHR. The chapter also explores the way in which the various sections of the Human Rights Act 1998 work to ensure appropriate enforcement and protection of rights in UK law.

19. Human Rights and The UK Constitution

Public Law ◽  
2020 ◽  
pp. 761-816
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
European Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk

This chapter examines human rights protection in the UK. It examines the reasons why the Human Rights Act 1998 (HRA) was enacted, the effects of the HRA, the principal mechanisms through which the HRA affords protection to human rights in UK law; the scope of the HRA; and the debate concerning the potential repeal, reform, or replacement of the HRA. The chapter also introduces the notion of human rights, including the practical and philosophical cases for their legal protection, and the European Convention on Human Rights, to which the HRA gives effect in UK law.

2. Legislation

Legal Skills ◽  
2019 ◽  
pp. 14-42
Author(s):  
Emily Finch ◽  
Stefan Fafinski
Keyword(s):  
Human Rights ◽  
European Convention ◽  
European Economic ◽  
Eu Legislation ◽  
Domestic Courts ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
The Impact ◽  
Law Making

This chapter first considers the process by which Acts of Parliament come into being. It then turns to delegated legislation—that is, law that is made by other bodies under Parliament’s authority. Next, it looks at EU legislation, which had an increasingly significant effect from the time that the UK joined the European Economic Community in 1973. It explains the various institutions of the EU and their role in the law-making process; the different types of EU legislation; and the circumstances in which individuals may use them in domestic courts, pre-Brexit. Finally, the chapter discusses the impact of the European Convention on Human Rights and the Human Rights Act 1998.

18. Human Rights and the UK Constitution

Public Law ◽  
2017 ◽  
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
European Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk

This chapter examines human rights protection in the UK. It examines the reasons why the Human Rights Act 1998 (HRA) was enacted, the effects of the HRA, the principal mechanisms through which the HRA affords protection to human rights in UK law, the scope of the HRA, and the debate concerning the potential repeal, reform, or replacement of the HRA. The chapter also introduces the notion of human rights, including the practical and philosophical cases for their legal protection, and the European Convention on Human Rights, to which the HRA gives effect in UK law.

2. Legislation

2021 ◽  
pp. 19-48
Author(s):  
Emily Finch ◽  
Stefan Fafinski
Keyword(s):  
Human Rights ◽  
European Convention ◽  
European Economic ◽  
Eu Legislation ◽  
Domestic Courts ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk ◽  
The Impact ◽  
Law Making

This chapter first considers the process by which Acts of Parliament come into being. It then turns to delegated legislation—that is, law that is made by other bodies under Parliament’s authority. Next, it looks at EU legislation, which had an increasingly significant effect from the time that the UK joined the European Economic Community in 1973. It explains the various institutions of the EU and role they had in the law-making process; the different types of EU legislation; and the circumstances in which individuals could use them in domestic courts, prior to Brexit. Finally, the chapter discusses the impact of the European Convention on Human Rights and the Human Rights Act 1998.

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