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Kaur v. Lord Advocate
Published online by Cambridge University Press: 01 January 2021
Abstract
Relationship of international law and municipal law — Treaties — Effect in municipal law — Whether treaty requiring implementation by municipal legislation — European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950 — Whether part of law of Scotland — Whether national court obliged to pay regard to the Convention — Whether Convention part of the law of the European Economic Community — Section 2(1) of the European Communities Act 1972 — Whether Convention taking effect in Scottish law as part of the law of the European Economic Community
Treaties — European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950 — Fourth Protocol to the Convention, 1963 — European Economic Community party to the Convention — Whether Convention part of EEC law — Section 2(1) of the European Communities Act 1972 — Whether thereby part of the law of Scotland — Whether Convention and alleged rights under it enforceable under Community law in Scottish courts — Whether reference should be made to the Court of Justice under Article 177 of the EEC Treaty, 1957
Human rights — European Convention on Human Rights — Deportation order under Immigration Act 1971 — Whether order contrary to Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950 — Whether contrary to Article 3 of Fourth Protocol, 1963 — Whether Convention gives rise to rights in municipal law — Jus quaesitum tertio — Whether principle of quod fieri debet infectum valet applicable — Whether rights justiciable in the courts of Scotland — The law of Scotland
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- © Cambridge University Press 1993