Relationship With The European Court of Human Rights
It is not possible to appeal the decision to the European Court of Human Rights (ECtHR). Although it is frequent to hear media references to an "appeal" being taken "to Europe", what actually takes place is rather different.
The ECtHR is an international court that hears complaints concerning breaches of the European Convention on Human Rights and Fundamental Freedoms. An unsatisfied litigant might complain to the ECtHR that Scots law has violated their rights and demand just satisfaction. A decision in the ECtHR will not change their rights under Scots law, and it is up to the various domestic legislative and executive bodies to decide what action (if any) to take after an adverse finding.
Furthermore, courts are not bound to follow a decision of the ECtHR, although they should "take into account" ECtHR jurisprudence when deciding a claim under the Scotland Act 1998. The Act requires Acts of the Scottish Parliament and actions of the Scottish Ministers to be compatible with the European Convention on Human Rights, and does so in a way which gives courts greater control than they have over UK Acts of Parliament as provided for by the Human Rights Act 1998.
Read more about this topic: Courts Of Scotland
Famous quotes containing the words relationship with the, relationship with, relationship, european, court, human and/or rights:
“Christianity as an organized religion has not always had a harmonious relationship with the family. Unlike Judaism, it kept almost no rituals that took place in private homes. The esteem that monasticism and priestly celibacy enjoyed implied a denigration of marriage and parenthood.”
—Beatrice Gottlieb, U.S. historian. The Family in the Western World from the Black Death to the Industrial Age, ch. 12, Oxford University Press (1993)
“Every man is in a state of conflict, owing to his attempt to reconcile himself and his relationship with life to his conception of harmony. This conflict makes his soul a battlefield, where the forces that wish this reconciliation fight those that do not and reject the alternative solutions they offer. Works of art are attempts to fight out this conflict in the imaginative world.”
—Rebecca West (1892–1983)
“Henry David Thoreau, who never earned much of a living or sustained a relationship with any woman that wasn’t brotherly—who lived mostly under his parents’ roof ... who advocated one day’s work and six days “off” as the weekly round and was considered a bit of a fool in his hometown ... is probably the American writer who tells us best how to live comfortably with our most constant companion, ourselves.”
—Edward Hoagland (b. 1932)
“In verity ... we are the poor. This humanity we would claim for ourselves is the legacy, not only of the Enlightenment, but of the thousands and thousands of European peasants and poor townspeople who came here bringing their humanity and their sufferings with them. It is the absence of a stable upper class that is responsible for much of the vulgarity of the American scene. Should we blush before the visitor for this deficiency?”
—Mary McCarthy (1912–1989)
“Universal empire is the prerogative of a writer. His concerns are with all mankind, and though he cannot command their obedience, he can assign them their duty. The Republic of Letters is more ancient than monarchy, and of far higher character in the world than the vassal court of Britain.”
—Thomas Paine (1737–1809)
“If we wish to know the force of human genius, we should read Shakespeare. If we wish to see the insignificance of human learning, we may study his commentators.”
—William Hazlitt (1778–1830)
“To exercise power costs effort and demands courage. That is why so many fail to assert rights to which they are perfectly entitled—because a right is a kind of power but they are too lazy or too cowardly to exercise it. The virtues which cloak these faults are called patience and forbearance.”
—Friedrich Nietzsche (1844–1900)