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, relationship, european, court, human and/or rights:
“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 contrast with envy, which usually occurs between two people and is focused upon another person’s qualities or possessions, jealousy occurs when a third person becomes a threat to a dyad. Jealousy involves the loss or the impending loss of a relationship that one wants to hold onto, a relationship that is vital to personal fulfillment and claimed as one’s own.”
—Carol S. Becker (b. 1942)
“Two great European narcotics, alcohol and Christianity.”
—Friedrich Nietzsche (1844–1900)
“To take revenge halfheartedly is to court disaster: Either condemn or crown your hatred.”
—Pierre Corneille (1606–1684)
“Never literary attempt was more unfortunate than my Treatise of Human Nature. It fell dead-born from the press, without reaching such distinction, as even to excite a murmur among the zealots.”
—David Hume (1711–1776)
“Assumptions of male superiority are as widespread and deep rooted and every bit as crippling to the woman as the assumptions of white supremacy are to the Negro.... this is no more a man’s world than it is a white world.”
—Student Non-Violent Coordinating Committee, African American civil rights organization. SNCC Position Paper (Women in the Movement)