SIGLEAvailable from British Library Document Supply Centre- DSC:DX87754 / BLDSC - British Library... more SIGLEAvailable from British Library Document Supply Centre- DSC:DX87754 / BLDSC - British Library Document Supply CentreGBUnited Kingdo
Designed as a learning aid and written in an informal style, this text presents 100 of the major ... more Designed as a learning aid and written in an informal style, this text presents 100 of the major cases, which have either created, or illustrate well, the Scottish legal system as we know it today. The cases have been chosen to illustrate important points of law in a variety of legal disciplines.
Response to consultation on reform of family law focusing on grounds for divorce, rights of cohab... more Response to consultation on reform of family law focusing on grounds for divorce, rights of cohabiting couples, rights of unmarried fathers, step parent agreements and domestic violence.
ABSTRACT Confidentiality in the medical relationship is an important, but by no means absolute, c... more ABSTRACT Confidentiality in the medical relationship is an important, but by no means absolute, concept. It is a means by which the law protects the patient's privacy. But there are sometimes more important ideals than the protection of privacy. In order to determine whether confidentiality is to be recognised, the patient's interest in his privacy must be balanced with other potentially conflicting interests. Each legal system must determine for itself the weight to be given to any particular interest.
The practice of adoption of children, and the terminology, existed in Scotland long before it was... more The practice of adoption of children, and the terminology, existed in Scotland long before it was created as a legislative process. This chapter looks at the roots of adoption of children, in the benign informal adoption arrangements families and communities made, and in the malign money-driven practice of “baby-farming”. Demands for regulation grew after the First World War, and the Parliamentary debates on what became the Adoption of Children Act 1926 is covered in some detail. Thereafter the chapter explores all the legislative changes, bringing in forbidden degrees, damages for wrongful death and succession, this presented to show how adoption only gradually embraced the “full-transference of parenthood” model that it has today. The change throughout the 20th century from an essentially private arrangement to the end-game of public law child protection processes is analysed in some detail, especially in relation to the court’s ability to dispense with parental consent. Finally, ...
Implications for Scottish law of recent cases involving reproductive technology, including legal ... more Implications for Scottish law of recent cases involving reproductive technology, including legal definition of paternity in light of 1990 Act, scope of paternal consent and extent to which fraud or negligence may vitiate this.
Applying ECHR principles of rights to family life, fair trial, independent tribunal, equality of ... more Applying ECHR principles of rights to family life, fair trial, independent tribunal, equality of arms, and legal aid to Scottish children's hearings system and whether procedures and role of Reporter will need amending.
sets out the roles of the various branches of government; the New Zealand Bill of Rights Act 1990... more sets out the roles of the various branches of government; the New Zealand Bill of Rights Act 1990 enumerates the rights of citizens against the state and state organs; and the Human Rights Act 1993 consolidates various existing anti-discrimination provisions and brings in sexual orientation as a prohibited ground of discrimination. None of these provisions is entrenched, or law of a higher order, and so each can be amended or repealed by simple majority in the unicameral New Zealand Parliament. The New Zealand Bill of Rights Act 1990 has far less significance in New Zealand than the UK's Human Rights Act 1998 has in the United Kingdom. Though the New Zealand courts are statutorily obliged to interpret legislation in way that is consistent with the norms set out in that Act and in the Human Rights Act 1993 (1990 Act, s 6), they are also expressly prohibited from holding any provision in any enactment to be impliedly repealed or revoked, to be in any way invalid or ineffective, or from declining to apply any provision (1990 Act, s 4). New Zealand courts do not stretch the meaning of legislative provisions to achieve consistency with the Bill of Rights Act, in the way that UK courts do in order to achieve consistency with the European Convention on Human Rights.
1999 may well go down in history as a watershed in the legal struggle for gay and lesbian equalit... more 1999 may well go down in history as a watershed in the legal struggle for gay and lesbian equality. While in the late 1990s many legislatures across the world extended various statutory benefits to same-sex relationships,1most legal systems continue to make a clear statutory distinction between same-sex and opposite-sex couples (usually by ignoring the former completely), as well as the more obvious (and deliberate) distinction between married and unmarried couples. Both distinctions have come under increasing challenge and in 1999 decisions from each of the highest courts in Canada, South Africa and Vermont, U.S.A. held legislation to be unconstitutional which treated same-sex couples differently from opposite-sex couples. In that year too, the British House of Lords held that a same-sex couple could be a “family” for certain statutory purposes,2and the European Court of Human Rights for the first time accepted that the prohibition of discrimination contained in Article 14 of the E...
This article discusses medical malpractice. In particular the scope of informed consent in neglig... more This article discusses medical malpractice. In particular the scope of informed consent in negligence.
The opening, in the Netherlands, of the institution of marriage to same-sex couples will sooner o... more The opening, in the Netherlands, of the institution of marriage to same-sex couples will sooner or later give rise to the question of whether the Scottish international private law rules relating to marriage will permit or even demand the recognition here ofsuch unions validly entered into there. It is suggested in this article that the proper approach is not to ask whether the Scottish court will recognise the relationship as the institution ofmarriage as such, but whether the Scottish court will give effect to consequencesflowingfrom thefact that the relationship has been sanctioned by the Dutch state. For many purposes the answer to that question is unavoidably yes, and it is argued that since that is so then on grounds ofprinciple, policy, and practicality the Scottish court should give effect to such consequences as it would in relation to a Dutch opposite-sex union. There is no public policy objection to doing so.
The Council of Europe Transversal Study Project on Cultural Policy and Cultural Diversity was imp... more The Council of Europe Transversal Study Project on Cultural Policy and Cultural Diversity was implemented between 2000 and 2003. The object of the Study was to help develop cultural policy capable of sustaining new forms of cultural diversity in the 21st century.
An exploration of the various challenges yet to be met in Scottish family law by law and policy m... more An exploration of the various challenges yet to be met in Scottish family law by law and policy makers, both in the field of adult relationships and of the parent-child relationship
SIGLEAvailable from British Library Document Supply Centre- DSC:DX87754 / BLDSC - British Library... more SIGLEAvailable from British Library Document Supply Centre- DSC:DX87754 / BLDSC - British Library Document Supply CentreGBUnited Kingdo
Designed as a learning aid and written in an informal style, this text presents 100 of the major ... more Designed as a learning aid and written in an informal style, this text presents 100 of the major cases, which have either created, or illustrate well, the Scottish legal system as we know it today. The cases have been chosen to illustrate important points of law in a variety of legal disciplines.
Response to consultation on reform of family law focusing on grounds for divorce, rights of cohab... more Response to consultation on reform of family law focusing on grounds for divorce, rights of cohabiting couples, rights of unmarried fathers, step parent agreements and domestic violence.
ABSTRACT Confidentiality in the medical relationship is an important, but by no means absolute, c... more ABSTRACT Confidentiality in the medical relationship is an important, but by no means absolute, concept. It is a means by which the law protects the patient's privacy. But there are sometimes more important ideals than the protection of privacy. In order to determine whether confidentiality is to be recognised, the patient's interest in his privacy must be balanced with other potentially conflicting interests. Each legal system must determine for itself the weight to be given to any particular interest.
The practice of adoption of children, and the terminology, existed in Scotland long before it was... more The practice of adoption of children, and the terminology, existed in Scotland long before it was created as a legislative process. This chapter looks at the roots of adoption of children, in the benign informal adoption arrangements families and communities made, and in the malign money-driven practice of “baby-farming”. Demands for regulation grew after the First World War, and the Parliamentary debates on what became the Adoption of Children Act 1926 is covered in some detail. Thereafter the chapter explores all the legislative changes, bringing in forbidden degrees, damages for wrongful death and succession, this presented to show how adoption only gradually embraced the “full-transference of parenthood” model that it has today. The change throughout the 20th century from an essentially private arrangement to the end-game of public law child protection processes is analysed in some detail, especially in relation to the court’s ability to dispense with parental consent. Finally, ...
Implications for Scottish law of recent cases involving reproductive technology, including legal ... more Implications for Scottish law of recent cases involving reproductive technology, including legal definition of paternity in light of 1990 Act, scope of paternal consent and extent to which fraud or negligence may vitiate this.
Applying ECHR principles of rights to family life, fair trial, independent tribunal, equality of ... more Applying ECHR principles of rights to family life, fair trial, independent tribunal, equality of arms, and legal aid to Scottish children's hearings system and whether procedures and role of Reporter will need amending.
sets out the roles of the various branches of government; the New Zealand Bill of Rights Act 1990... more sets out the roles of the various branches of government; the New Zealand Bill of Rights Act 1990 enumerates the rights of citizens against the state and state organs; and the Human Rights Act 1993 consolidates various existing anti-discrimination provisions and brings in sexual orientation as a prohibited ground of discrimination. None of these provisions is entrenched, or law of a higher order, and so each can be amended or repealed by simple majority in the unicameral New Zealand Parliament. The New Zealand Bill of Rights Act 1990 has far less significance in New Zealand than the UK's Human Rights Act 1998 has in the United Kingdom. Though the New Zealand courts are statutorily obliged to interpret legislation in way that is consistent with the norms set out in that Act and in the Human Rights Act 1993 (1990 Act, s 6), they are also expressly prohibited from holding any provision in any enactment to be impliedly repealed or revoked, to be in any way invalid or ineffective, or from declining to apply any provision (1990 Act, s 4). New Zealand courts do not stretch the meaning of legislative provisions to achieve consistency with the Bill of Rights Act, in the way that UK courts do in order to achieve consistency with the European Convention on Human Rights.
1999 may well go down in history as a watershed in the legal struggle for gay and lesbian equalit... more 1999 may well go down in history as a watershed in the legal struggle for gay and lesbian equality. While in the late 1990s many legislatures across the world extended various statutory benefits to same-sex relationships,1most legal systems continue to make a clear statutory distinction between same-sex and opposite-sex couples (usually by ignoring the former completely), as well as the more obvious (and deliberate) distinction between married and unmarried couples. Both distinctions have come under increasing challenge and in 1999 decisions from each of the highest courts in Canada, South Africa and Vermont, U.S.A. held legislation to be unconstitutional which treated same-sex couples differently from opposite-sex couples. In that year too, the British House of Lords held that a same-sex couple could be a “family” for certain statutory purposes,2and the European Court of Human Rights for the first time accepted that the prohibition of discrimination contained in Article 14 of the E...
This article discusses medical malpractice. In particular the scope of informed consent in neglig... more This article discusses medical malpractice. In particular the scope of informed consent in negligence.
The opening, in the Netherlands, of the institution of marriage to same-sex couples will sooner o... more The opening, in the Netherlands, of the institution of marriage to same-sex couples will sooner or later give rise to the question of whether the Scottish international private law rules relating to marriage will permit or even demand the recognition here ofsuch unions validly entered into there. It is suggested in this article that the proper approach is not to ask whether the Scottish court will recognise the relationship as the institution ofmarriage as such, but whether the Scottish court will give effect to consequencesflowingfrom thefact that the relationship has been sanctioned by the Dutch state. For many purposes the answer to that question is unavoidably yes, and it is argued that since that is so then on grounds ofprinciple, policy, and practicality the Scottish court should give effect to such consequences as it would in relation to a Dutch opposite-sex union. There is no public policy objection to doing so.
The Council of Europe Transversal Study Project on Cultural Policy and Cultural Diversity was imp... more The Council of Europe Transversal Study Project on Cultural Policy and Cultural Diversity was implemented between 2000 and 2003. The object of the Study was to help develop cultural policy capable of sustaining new forms of cultural diversity in the 21st century.
An exploration of the various challenges yet to be met in Scottish family law by law and policy m... more An exploration of the various challenges yet to be met in Scottish family law by law and policy makers, both in the field of adult relationships and of the parent-child relationship
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