Pensioners Over Prisoners: Amending the Scotland Act in Response to Somerville and Napier
Daithi Mac Sithigh
University of Edinburgh - School of Law
April 1, 2010
Juridical Review, Vol. 1, pp. 1-16, 2010
UEA LAW Working Paper No. 2010-DMS-1
Comments on the political response to the House of Lords ruling in Somerville v. Scottish Ministers that claims brought under the Scotland Act 1998 alleging that an administrative action violated the European Convention on Human Rights 1950 were not subject to the same one-year limitation period as claims under the Human Rights Act 1998 alleging that a public authority had breached the Convention. Evaluates the solution selected for the Convention Rights Proceedings (Amendment) (Scotland) Act 2009, and compares the approaches of other jurisdictions concerning the application of a limitation period to fundamental rights claims.
Number of Pages in PDF File: 18
Keywords: Judicial Review, European Convention on Human Rights, Scotland, Devolution, DamagesAccepted Paper Series
Date posted: November 28, 2010 ; Last revised: November 29, 2010
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