Salvesen v Riddell

Aileen McHarg, Donald Nicolson

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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.
Original 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 statusPublished - 12 Dec 2019

Keywords

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

Cite this

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