This article considers the impact which the European Convention on Human Rights has had on Scottish property law in its first five years of direct enforceability. It begins by giving an overview of domestic human rights legislation, with an examination of the difficult question of the extent to which the Convention has had horizontal effect. There follows a discussion of Art. 1, Protocol 1 - the provision in the Convention which protects property rights. Thereafter, the effect of this provision on existing Scottish law and new legislation is considered. The conclusion drawn is that the impact has been more apparent as regards the latter than the former.
|Publication status||Published - 2005|
- Property law - human rights