Salvesen v Riddell

Aileen McHarg, Donald Nicolson

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

The question before this court is a devolution issue arising under the Scotland Act 1998 concerning whether section 72 of the Agricultural Holdings (Scotland) Act 2003 (the 2003 Act) is outwith the legislative competence of the Scottish Parliament. Section 72 is alleged to breach Article 1 of the First Protocol (A1P1), read together with Article 14, of the European Convention on Human Rights (ECHR) because it retrospectively interferes with the property rights of certain agricultural landlords. By virtue of section 29(2)(d) of the Scotland Act 1998, an Act of the Scottish Parliament is “not law” if it is incompatible with Convention rights.
LanguageEnglish
Title of host publicationScottish Feminist Judgments
Subtitle of host publication(Re)Creating Law from the Outside In
Place of PublicationOxford
Number of pages14
Publication statusAccepted/In press - 25 Jan 2019

Fingerprint

act
parliament
ECHR
landlord
right of ownership
decentralization
Law

Keywords

  • devolution
  • legislative competence
  • Agricultural Holdings (Scotland) Act 2003
  • property rights
  • Scotland

Cite this

McHarg, A., & Nicolson, D. (Accepted/In press). Salvesen v Riddell. In Scottish Feminist Judgments: (Re)Creating Law from the Outside In Oxford.
McHarg, Aileen ; Nicolson, Donald. / Salvesen v Riddell. Scottish Feminist Judgments: (Re)Creating Law from the Outside In. Oxford, 2019.
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McHarg, A & Nicolson, D 2019, Salvesen v Riddell. in Scottish Feminist Judgments: (Re)Creating Law from the Outside In. Oxford.

Salvesen v Riddell. / McHarg, Aileen; Nicolson, Donald.

Scottish Feminist Judgments: (Re)Creating Law from the Outside In. Oxford, 2019.

Research output: Chapter in Book/Report/Conference proceedingChapter

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McHarg A, Nicolson D. Salvesen v Riddell. In Scottish Feminist Judgments: (Re)Creating Law from the Outside In. Oxford. 2019