Author: Sarah Hendry
Publisher: Cambridge University Press
ISBN: 1107012309
Category : Business & Economics
Languages : en
Pages : 149
Book Description
This book develops an analytical framework for water law reform, using case studies across four jurisdictions, for academics, students and policy makers.
Frameworks for Water Law Reform
Author: Sarah Hendry
Publisher: Cambridge University Press
ISBN: 1107012309
Category : Business & Economics
Languages : en
Pages : 149
Book Description
This book develops an analytical framework for water law reform, using case studies across four jurisdictions, for academics, students and policy makers.
Publisher: Cambridge University Press
ISBN: 1107012309
Category : Business & Economics
Languages : en
Pages : 149
Book Description
This book develops an analytical framework for water law reform, using case studies across four jurisdictions, for academics, students and policy makers.
The Work of the British Law Commissions
Author: Shona Wilson Stark
Publisher: Bloomsbury Publishing
ISBN: 1509906932
Category : Law
Languages : en
Pages : 315
Book Description
The Law Commission (of England and Wales) and the Scottish Law Commission were both established in 1965 to promote the reform of the laws of their respective jurisdictions. Since then, they have each produced hundreds of reports across many areas of law. They are independent of government yet rely on governmental funding and governmental approval of their proposed projects. They also rely on both government and Parliament (and, occasionally, the courts or other bodies) to implement their proposals. This book examines the tension between independence and implementation and recommends how a balance can best be struck. It proposes how the Commissions should choose their projects given that their duties outweigh their resources, and how we should assess the success, or otherwise, of their output. Countries around the world have created law reform bodies in the Commissions' image. They may wish to reflect on the GB Commissions' responses to the changes and challenges they have faced to reappraise their own law reform machinery. Equally, the GB Commissions may seek inspiration from other commissions' experiences. The world the GB Commissions inhabit now is very different from when they were established. They have evolved to remain relevant in the face of devolution, the UK's changing relationship with the European Union, increasing pressure for accountability and decreasing funding. Further changes to secure the future of independent law reform are advanced in this book.
Publisher: Bloomsbury Publishing
ISBN: 1509906932
Category : Law
Languages : en
Pages : 315
Book Description
The Law Commission (of England and Wales) and the Scottish Law Commission were both established in 1965 to promote the reform of the laws of their respective jurisdictions. Since then, they have each produced hundreds of reports across many areas of law. They are independent of government yet rely on governmental funding and governmental approval of their proposed projects. They also rely on both government and Parliament (and, occasionally, the courts or other bodies) to implement their proposals. This book examines the tension between independence and implementation and recommends how a balance can best be struck. It proposes how the Commissions should choose their projects given that their duties outweigh their resources, and how we should assess the success, or otherwise, of their output. Countries around the world have created law reform bodies in the Commissions' image. They may wish to reflect on the GB Commissions' responses to the changes and challenges they have faced to reappraise their own law reform machinery. Equally, the GB Commissions may seek inspiration from other commissions' experiences. The world the GB Commissions inhabit now is very different from when they were established. They have evolved to remain relevant in the face of devolution, the UK's changing relationship with the European Union, increasing pressure for accountability and decreasing funding. Further changes to secure the future of independent law reform are advanced in this book.
The Human Right to Property
Author: Douglas Maxwell
Publisher: Bloomsbury Publishing
ISBN: 1509961119
Category : Law
Languages : en
Pages : 469
Book Description
“This is an excellent work. It is deeply researched, and the analysis of case law will prove very valuable to practitioners and academics seeking a synthesis of the law on an issue”. The Rt. Hon. Lord Justice Green, Judge of the Court of Appeal of England and Wales and Chair of the Law Commission “A valuable contribution to the jurisprudence on Article 1 Protocol No.1 and of much interest to both property and human rights lawyers” Professor Sarah Nield, University of Southampton “The pervasiveness of A1P1 through contemporary property law makes this a serious and comprehensive study. This book masterfully interweaves theory and doctrinal law. It is both timely and necessary for academics and practitioners working in this area.” David Sawtell, 39 Essex Chambers and Cambridge University This book provides a highly detailed, practical analysis of Article 1 of Protocol No.1 (A1P1) and its implications in the United Kingdom. A1P1 prescribes a qualified right to the peaceful enjoyment of 'possessions'. This right corresponds to a negative limit on legislators and public authorities to rationalise interferences with possessions and, where necessary, to strike a fair balance, often requiring just compensation. Through lively and rigorous commentary on the latest advances made by the European Court of Human Rights and domestic courts, The Human Right to Property enriches current understanding of the peaceful enjoyment of property since the enactment of the Human Rights Act 1998. Exploring the theoretical and political foundations of A1P1, the book guides the reader through the relevant case law from the earliest developments in Strasbourg to the present day. The Human Right to Property concludes that the most significant impacts of A1P1 are that it: forces States to justify interferences; limits radical redistributions of property; and casts a wider shadow over legislative choice and public body decision-making.
Publisher: Bloomsbury Publishing
ISBN: 1509961119
Category : Law
Languages : en
Pages : 469
Book Description
“This is an excellent work. It is deeply researched, and the analysis of case law will prove very valuable to practitioners and academics seeking a synthesis of the law on an issue”. The Rt. Hon. Lord Justice Green, Judge of the Court of Appeal of England and Wales and Chair of the Law Commission “A valuable contribution to the jurisprudence on Article 1 Protocol No.1 and of much interest to both property and human rights lawyers” Professor Sarah Nield, University of Southampton “The pervasiveness of A1P1 through contemporary property law makes this a serious and comprehensive study. This book masterfully interweaves theory and doctrinal law. It is both timely and necessary for academics and practitioners working in this area.” David Sawtell, 39 Essex Chambers and Cambridge University This book provides a highly detailed, practical analysis of Article 1 of Protocol No.1 (A1P1) and its implications in the United Kingdom. A1P1 prescribes a qualified right to the peaceful enjoyment of 'possessions'. This right corresponds to a negative limit on legislators and public authorities to rationalise interferences with possessions and, where necessary, to strike a fair balance, often requiring just compensation. Through lively and rigorous commentary on the latest advances made by the European Court of Human Rights and domestic courts, The Human Right to Property enriches current understanding of the peaceful enjoyment of property since the enactment of the Human Rights Act 1998. Exploring the theoretical and political foundations of A1P1, the book guides the reader through the relevant case law from the earliest developments in Strasbourg to the present day. The Human Right to Property concludes that the most significant impacts of A1P1 are that it: forces States to justify interferences; limits radical redistributions of property; and casts a wider shadow over legislative choice and public body decision-making.
Practising Self-Government
Author: Yash Ghai
Publisher: Cambridge University Press
ISBN: 1107018587
Category : Law
Languages : en
Pages : 517
Book Description
An examination of how the constitutional frameworks for autonomies around the world really work.
Publisher: Cambridge University Press
ISBN: 1107018587
Category : Law
Languages : en
Pages : 517
Book Description
An examination of how the constitutional frameworks for autonomies around the world really work.
Scotland Analysis
Author: Great Britain: Scotland Office
Publisher: The Stationery Office
ISBN: 9780101855426
Category : Political Science
Languages : en
Pages : 114
Book Description
The UK Government is undertaking a major cross-government programme of analysis prior to the referendum on Scottish independence in 2014. The aim is to provide a comprehensive and detailed analysis of Scotland's place in the UK. This paper, the first of a series to be published in 2013 and 2014, examines the UK's constitutional set-up and the legal implications of independence. The UK Government is convinced that the current devolution offers the best for Scotland: the Scottish Parliament and Government are empowered to take decisions on a range of domestic policy areas - such as health, education, policing - while Scotland continues to benefit from decisions made for the UK as a whole - defence and security, foreign representation, economic affairs. Independence is very different to devolution. Based on independent expert opinion (published as Annex A), the paper concludes that if there were to be a vote in favour of leaving the UK, Scotland would become an entirely new state whilst the remainder of the UK would continue as before, retaining the rights and obligations of the UK as it currently stands. Any separation would have to be negotiated between both governments. Legal and practical implications of independence, both at home and abroad, are addressed. An independent Scotland would have to apply to and/or negotiate to become a member of whichever international organisations it wished to join, including the EU and NATO. Scotland would also have to work through its positions on thousands of international treaties to which the UK is currently party.
Publisher: The Stationery Office
ISBN: 9780101855426
Category : Political Science
Languages : en
Pages : 114
Book Description
The UK Government is undertaking a major cross-government programme of analysis prior to the referendum on Scottish independence in 2014. The aim is to provide a comprehensive and detailed analysis of Scotland's place in the UK. This paper, the first of a series to be published in 2013 and 2014, examines the UK's constitutional set-up and the legal implications of independence. The UK Government is convinced that the current devolution offers the best for Scotland: the Scottish Parliament and Government are empowered to take decisions on a range of domestic policy areas - such as health, education, policing - while Scotland continues to benefit from decisions made for the UK as a whole - defence and security, foreign representation, economic affairs. Independence is very different to devolution. Based on independent expert opinion (published as Annex A), the paper concludes that if there were to be a vote in favour of leaving the UK, Scotland would become an entirely new state whilst the remainder of the UK would continue as before, retaining the rights and obligations of the UK as it currently stands. Any separation would have to be negotiated between both governments. Legal and practical implications of independence, both at home and abroad, are addressed. An independent Scotland would have to apply to and/or negotiate to become a member of whichever international organisations it wished to join, including the EU and NATO. Scotland would also have to work through its positions on thousands of international treaties to which the UK is currently party.
Revenue Scotland and Tax Powers Act 2014 (UK)
Author: The Law The Law Library
Publisher: Createspace Independent Publishing Platform
ISBN: 9781717263926
Category :
Languages : en
Pages : 102
Book Description
Revenue Scotland and Tax Powers Act 2014 (UK) The Law Library presents the official text of the Revenue Scotland and Tax Powers Act 2014 (UK). Updated as of March 26, 2018 This book contains: - The complete text of the Revenue Scotland and Tax Powers Act 2014 (UK) - A table of contents with the page number of each section
Publisher: Createspace Independent Publishing Platform
ISBN: 9781717263926
Category :
Languages : en
Pages : 102
Book Description
Revenue Scotland and Tax Powers Act 2014 (UK) The Law Library presents the official text of the Revenue Scotland and Tax Powers Act 2014 (UK). Updated as of March 26, 2018 This book contains: - The complete text of the Revenue Scotland and Tax Powers Act 2014 (UK) - A table of contents with the page number of each section
The Electronic Communications Code
Author: Great Britain: Law Commission
Publisher: The Stationery Office
ISBN: 9780102982220
Category : Business & Economics
Languages : en
Pages : 238
Book Description
In this report The Electronic Communications Code the Law Commission makes recommendations to form the basis of a revised Electronic Communications Code, which was originally enacted in 1984 to regulate landline telephone provision. It sets out the regime that governs the rights of designated electronic communications operators to maintain infrastructure on public and private land. In modern times, it applies to the infrastructure forming networks which support broadband, mobile internet and telephone, cable television and landlines. The current Code has been criticized by courts and the people who work with it as out of date, unclear and inconsistent with other legislation. This project focuses on private property rights between landowners and electronic communications providers, it does not consider planning. The aims of the reforms are: to provide a clearer definition of the market value that landowners can charge for the us
Publisher: The Stationery Office
ISBN: 9780102982220
Category : Business & Economics
Languages : en
Pages : 238
Book Description
In this report The Electronic Communications Code the Law Commission makes recommendations to form the basis of a revised Electronic Communications Code, which was originally enacted in 1984 to regulate landline telephone provision. It sets out the regime that governs the rights of designated electronic communications operators to maintain infrastructure on public and private land. In modern times, it applies to the infrastructure forming networks which support broadband, mobile internet and telephone, cable television and landlines. The current Code has been criticized by courts and the people who work with it as out of date, unclear and inconsistent with other legislation. This project focuses on private property rights between landowners and electronic communications providers, it does not consider planning. The aims of the reforms are: to provide a clearer definition of the market value that landowners can charge for the us
Land Reform (Scotland) Act 2003
Author: Scotland
Publisher:
ISBN: 9780105910428
Category : Land reform
Languages : en
Pages : 48
Book Description
Land Reform (Scotland) Act 2003
Publisher:
ISBN: 9780105910428
Category : Land reform
Languages : en
Pages : 48
Book Description
Land Reform (Scotland) Act 2003
Crofting Law
Author: Bloomsbury Professional Bloomsbury Professional
Publisher: Bloomsbury Professional
ISBN: 9781845925109
Category :
Languages : en
Pages : 0
Book Description
This immensely practical book is an essential tool for everyone who works with or advises crofters or landlords on their respective rights and duties under the Crofters (Scotland) Act 1993.
Publisher: Bloomsbury Professional
ISBN: 9781845925109
Category :
Languages : en
Pages : 0
Book Description
This immensely practical book is an essential tool for everyone who works with or advises crofters or landlords on their respective rights and duties under the Crofters (Scotland) Act 1993.
A Practical Guide to Crofting Law
Author: Brian Inkster
Publisher:
ISBN: 9781912687398
Category :
Languages : en
Pages : 104
Book Description
This practical guide is an introduction to crofting law for those with an interest in it or who may touch upon it, whether that is lawyers, law students, land agents, crofters, landlords, or anyone else with an interest in it. It covers the main issues briefly and concisely, aiming to highlight the complexity of crofting law and the pitfalls and traps that await the uninitiated. The aim is that readers will, as a result, be better versed in the basics of crofting law. ABOUT THE AUTHOR Brian Inkster is a solicitor specialising in crofting law. He is the Hon Secretary of the Crofting Law Group, a member of the Crofting Group of Scottish Land & Estates, the Cross-Party Group on Crofting at the Scottish Parliament, the Scottish Government Crofting Stakeholder Forum, the Crofting Register Stakeholder Forum and the Scottish Government Crofting Bill Group. Brian blogs about crofting law at the Crofting Law Blog (croftinglawblog.com) and regularly writes articles for The Crofter (the trade magazine of the Scottish Crofting Federation). He also provides comment and articles to local and national newspapers and magazines such as The West Highland Free Press, The Shetland Times, The Oban Times, The Northern Times, The Scotsman, The Herald, The Press & Journal, The Scottish Farmer, Scottish Legal News and The Journal of the Law Society of Scotland. Brian also gives talks on crofting law to universities and at conferences, workshops and seminars. He has provided detailed submissions to the Scottish Government on proposed crofting law reform. Brian has been interviewed about crofting law on BBC Alba, BBC Reporting Scotland and Sunday Politics Scotland. He has also been interviewed about crofting law on local and national Scottish radio news programmes. Brian was born and brought up in Shetland. He is the son of a fisherman rather than a crofter. He studied law at the University of Edinburgh before moving to Glasgow in 1991 to undertake his legal traineeship. Following conclusion of his traineeship Brian continued to practice law in Glasgow where he founded his own law firm, Inksters, in 1999. Inksters now also have offices in Aberdeen, Edinburgh, Forfar, Inverness, Lerwick, Portree, Thurso and Wick. Inksters provide a free legal advice helpline on crofting law to members of the Scottish Crofting Federation. Brian provides tutoring on Acquiring and Evaluating a Croft / Crofting Law Basics to the Access to Crofting Toolkit Course run by the Scottish Crofting Federation. Brian also has a speciality in the law of servitudes (easements) having acted for the pursuers in Moncrieff v Jamieson. This case was ultimately decided in the House of Lords and has been described by Professor Roddy Paisley as "one of the most important cases on servitudes in the last 100 years". It established for the first time in law that, in certain circumstances, you can have a servitude right to park a car ancillary to a right of access. Brian obtained the distinction of being named Solicitor of the Year at the Law Awards of Scotland in 2006. He was called "a one man Scottish legal institution" in the Recommended Law Firm Guide 2010. At the Law Awards of Scotland in 2014 he was recognised as Managing Partner of the Year. Brian has an active interest in entrepreneurship, marketing, technology and corporate social responsibility in relation to running a law firm. He is often asked to speak on these topics at conferences, summits and retreats.
Publisher:
ISBN: 9781912687398
Category :
Languages : en
Pages : 104
Book Description
This practical guide is an introduction to crofting law for those with an interest in it or who may touch upon it, whether that is lawyers, law students, land agents, crofters, landlords, or anyone else with an interest in it. It covers the main issues briefly and concisely, aiming to highlight the complexity of crofting law and the pitfalls and traps that await the uninitiated. The aim is that readers will, as a result, be better versed in the basics of crofting law. ABOUT THE AUTHOR Brian Inkster is a solicitor specialising in crofting law. He is the Hon Secretary of the Crofting Law Group, a member of the Crofting Group of Scottish Land & Estates, the Cross-Party Group on Crofting at the Scottish Parliament, the Scottish Government Crofting Stakeholder Forum, the Crofting Register Stakeholder Forum and the Scottish Government Crofting Bill Group. Brian blogs about crofting law at the Crofting Law Blog (croftinglawblog.com) and regularly writes articles for The Crofter (the trade magazine of the Scottish Crofting Federation). He also provides comment and articles to local and national newspapers and magazines such as The West Highland Free Press, The Shetland Times, The Oban Times, The Northern Times, The Scotsman, The Herald, The Press & Journal, The Scottish Farmer, Scottish Legal News and The Journal of the Law Society of Scotland. Brian also gives talks on crofting law to universities and at conferences, workshops and seminars. He has provided detailed submissions to the Scottish Government on proposed crofting law reform. Brian has been interviewed about crofting law on BBC Alba, BBC Reporting Scotland and Sunday Politics Scotland. He has also been interviewed about crofting law on local and national Scottish radio news programmes. Brian was born and brought up in Shetland. He is the son of a fisherman rather than a crofter. He studied law at the University of Edinburgh before moving to Glasgow in 1991 to undertake his legal traineeship. Following conclusion of his traineeship Brian continued to practice law in Glasgow where he founded his own law firm, Inksters, in 1999. Inksters now also have offices in Aberdeen, Edinburgh, Forfar, Inverness, Lerwick, Portree, Thurso and Wick. Inksters provide a free legal advice helpline on crofting law to members of the Scottish Crofting Federation. Brian provides tutoring on Acquiring and Evaluating a Croft / Crofting Law Basics to the Access to Crofting Toolkit Course run by the Scottish Crofting Federation. Brian also has a speciality in the law of servitudes (easements) having acted for the pursuers in Moncrieff v Jamieson. This case was ultimately decided in the House of Lords and has been described by Professor Roddy Paisley as "one of the most important cases on servitudes in the last 100 years". It established for the first time in law that, in certain circumstances, you can have a servitude right to park a car ancillary to a right of access. Brian obtained the distinction of being named Solicitor of the Year at the Law Awards of Scotland in 2006. He was called "a one man Scottish legal institution" in the Recommended Law Firm Guide 2010. At the Law Awards of Scotland in 2014 he was recognised as Managing Partner of the Year. Brian has an active interest in entrepreneurship, marketing, technology and corporate social responsibility in relation to running a law firm. He is often asked to speak on these topics at conferences, summits and retreats.