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Devolved Human Rights

19 Pages Posted: 5 Oct 2011  

C.M.G. Himsworth

University of Edinburgh - School of Law

Date Written: October 4, 2011


The reception into Scotland of human rights protection under the ECHR and the Human Rights Act 1998 has turned out to be both problematic and controversial as a result of the combination of the devolution settlement under the Scotland Act 1998 and the separate legal system of Scotland since the Union of 1707. The paper explores the ways in which, in particular, the conflicts which have arisen as to which court should make final decisions on human rights issues have achieved an iconic status in the relationship between the Scottish and UK Governments.

Keywords: law; public law, human rights, United Kingdom, Scotland, devolution, Supreme Court

Suggested Citation

Himsworth, C.M.G., Devolved Human Rights (October 4, 2011). U. of Edinburgh School of Law Working Paper No. 2011/22. Available at SSRN: or

Chris M.G. Himsworth (Contact Author)

University of Edinburgh - School of Law ( email )

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Edinburgh, EH8 9YL
United Kingdom
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