Tag: Convention Rights
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Kyle Murray: The future of rights-enhanced interpretations under the Bill of Rights
Section 3 of the Human Rights Act 1998 (“HRA”) is one of the central features of our current human rights law. It is an instruction that, ‘[s]o far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights’. The strength…
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Iain Jamieson: Effect of the Bill of Rights upon the meaning of Convention Rights under the Scotland Act
The relationship between the Scotland Act 1998 (“the SA”), Convention rights and the Human Rights Act 1998 (“the HRA”) is well known. Convention rights are embedded in the Scottish constitution. The Scottish Parliament cannot legislate, and Scottish Ministers cannot act, in any way which is incompatible with those rights (SA ss. 29(2)(d), 53,54,57(2)). The SA…