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Law Making and the Scottish ParliamentThe Early Years$
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Elaine E Sutherland and Kay E Goodall

Print publication date: 2011

Print ISBN-13: 9780748640195

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748640195.001.0001

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Human Rights and People and Society

Human Rights and People and Society

(p.34) (p.35) 3 Human Rights and People and Society
Law Making and the Scottish Parliament

Aidan O’Neill

Edinburgh University Press

Within Scotland there now exists two wholly discrete constitutional models in relation to the protection of the fundamental rights of the individual against the organs of government. The Human Rights Act regime, which applies to all public authorities within the United Kingdom, is based on the principle of the ultimate supremacy of the (United Kingdom) legislature. The Scotland Act provisions for the protection of fundamental rights rest, instead, on the idea of the primacy of the judges within the Scottish legal system over the Scottish Parliament and the Scottish government. This chapter discusses international (human rights) law and the Scottish constitution, the Scottish Parliament as a guardian of human rights, and the Scottish courts and the protection of constitutional rights.

Keywords:   rights protection, Scots law, Human Rights Act, Scotland Act, international law, Scottish constitution, constitutional rights

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