Download or read book Freedom of Information in Scotland in Practice written by Kevin Dunion and published by Edinburgh University Press. This book was released on 2014-03-18 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by Kevin Dunion, the first Scottish Information Commissioner, this uniquely informed text provides detailed commentary on the provisions of the Freedom of Information (Scotland) Regulations 2004. Fully referenced to the Commissioner's own decisions and court judgements, it also considers in detail key issues of interpretation since the law came into effect. It is an essential handbook for anyone working with, or using, freedom of information law in Scotland.
Download or read book Scotland s Constitution Law and Practice written by Chris Himsworth and published by Bloomsbury Publishing. This book was released on 2021-03-10 with total page 687 pages. Available in PDF, EPUB and Kindle. Book excerpt: A clear, comprehensive account of Scottish constitutional law within its UK and European context. It describes and analyses constitutional arrangements while integrating that analysis with a general background to constitutional law and the UK institutions which have a continuing relevance for the government of Scotland. This highly regarded text considers law-making powers for Scotland, the legislative process at Westminster and at Holyrood, the accountability and scrutiny of government, the independence of the judiciary and the role of the courts in interpreting and adjudicating upon constitutional and administrative law questions. The fourth edition has been fully updated throughout and includes: · An update on the Scottish devolution settlement, including the changes made by the Scotland Act 2016 in the field of social security. · A new chapter covering the Brexit referendum, the withdrawal negotiations between the UK and the EU and Brexit litigation - with a particular focus on Brexit's impact on Scottish constitutional arrangements. · Coverage of new case law since the last edition in the area of judicial review and specifically on devolution.
Download or read book Halsbury s Statutory Instruments written by Great Britain and published by . This book was released on 1986 with total page 2244 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Information Rights written by Philip Coppel and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 1640 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the fourth edition of what is the leading practitioner's text on freedom of information law. Providing in-depth legal analysis and practical guidance, it offers complete, authoritative coverage for anyone either making, handling or adjudicating upon requests for official information. The three years since the previous edition have seen numerous important decisions from the courts and tribunals in the area. These and earlier authorities supply the basis for clear statements of principle, which the work supports by reference to all relevant cases. The book is logically organised so that the practitioner can quickly locate the relevant text. It commences with an historical analysis that sets out the object of the legislation and its relationship with other aspects of public law. Full references to Hansard and other Parliamentary materials are provided. This is followed by a summary of the regime in five other jurisdictions, providing comparative jurisprudence which can assist in resolving undecided points. The potential of the Human Rights Act 1998 to support rights of access is dealt with in some detail, with reference to all ECHR cases. Next follows a series of chapters dealing with rights of access under other legislative regimes, covering information held by EU bodies, requests under the Data Protection Act and the Environmental Information Regulations, public records, as well as type-specific rights of access. These introduce the practitioner to useful rights of access that might otherwise be overlooked. They are arranged thematically to ensure ready identification of potentially relevant ones. The book then considers practical aspects of information requests: the persons who may make them; the bodies to whom they may be made; the time allowed for responding; the modes of response; fees and vexatious requests; the duty to advise and assist; the codes of practice; government guidance and its status; transferring of requests; third party consultation. The next 13 chapters, comprising over half the book, are devoted to exemptions. These start with two important chapters dealing with general exemption principles, including the notions of 'prejudice' and the 'public interest'. The arrangement of these chapters reflects the arrangement of the FOI Act, but the text is careful to include analogous references to the Environmental Information Regulations and the Data Protection Act 1998. With each chapter, the exemption is carefully analysed, starting with its Parliamentary history (giving full references to Hansard and other Parliamentary material) and the treatment given in the comparative jurisdictions. The analysis then turns to consider all court judgments and tribunal decisions dealing with the exemption. The principles are stated in the text, with footnotes giving all available references. Whether to prepare a case or to prepare a response to a request, these chapters allow the practitioner to get on top of the exemption rapidly and authoritatively. The book concludes with three chapters setting out the role of the Information Commissioner and the Tribunal, appeals and enforcement. The chapter on appeals allows the practitioner to be familiar with the processes followed in the tribunal, picking up on the jurisprudence as it has emerged in the last eight or so years. Appendices include: precedent requests for information; a step-by-step guide to responding to a request; comparative tables; and a table of the FOI Act's Parliamentary history. Finally, the book includes an annotated copy of the FOIA Act, the Data Protection Act 1998, the Environmental Information Regulations 2004, all subordinate legislation made under them, EU legislation, Tribunal rules and practice directions, and the Codes of Practice.ContributorsProf John Angel, former President of the Information TribunalRichard Clayton QC, 4-5 Gray's Inn SquareJoanne Clement, 11 KBWGerry Facena, Monkton ChambersEleanor Gray QC
Download or read book Administrative Law written by William Wade and published by Oxford University Press, USA. This book was released on 2014 with total page 959 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[This book provides an] account of the principles of judicial review and the administrative arrangements of the United Kingdom."--
Download or read book Government and Information Rights written by Patrick Birkinshaw and published by Bloomsbury Publishing. This book was released on 2019-04-18 with total page 967 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government and Information: The Law Relating to Access, Disclosure and their Regulation is the leading text offering comprehensive and practical advice on the access, disclosure and retention of government records under UK, EU and ECHR requirements. It is essential reading for all those dealing with public authority information. The fifth edition is extensively revised following numerous developments in both UK and EU law as well as the ever expanding case law on information rights under statutory, Convention and common law provisions. Legislation: Justice and Security Act 2013; Crime and Courts Act 2013 (s 34 in relation to press standards following Leveson); Re-use of Public Sector Information Regulations 2015 Investigatory Powers Bill 2016; Environmental Information Regulations 2004; General Data Protection Regulation 2016; Key cases since the last edition include: Evans v Attorney General [2015] UKSC 21 - the SC ruled that the Attorney General had acted unlawfully in issuing a veto preventing disclosure Kennedy v Charities Commission [2014] UKSC 20 - Supreme Court extended the ambit of the common law in relation to access to information and transparency Case 362/14 Schrems [2015]) - involving data transfer to the USA PJS v Newsgroup Newspapers ltd [2016] UKSC 26 – developing the law of personal privacy
Download or read book Policing Scotland written by Daniel Donnelly and published by Routledge. This book was released on 2012-09-10 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully updated and expanded second edition of Policing Scotland takes account of recent developments in Scottish policing and criminal justice against the backdrop of a dynamic political landscape and looming fiscal constraints in public services. The book offers contributions from both academics and practitioners, and not only shows police at work in contemporary Scotland, but also gives some insight into those areas where policing is carried out by non-police people and organisations. It seeks to identify what it is about Scottish policing that is distinctly Scottish, the main characteristics of modern policing in Scotland, how these have developed over the recent past, and what they have become today. In answering these questions, the book analyses policing in Scotland in the context of the new and emerging ideas about the nature, purposes and methods of policing that are developing elsewhere in the world, and seeks to determine how far Scottish policing is maintaining its own traditions, or simply becoming a localised example of wider global trends. The second edition of this popular text introduces new chapters on crime investigation, police unionism, ethnic minorities, policing violence and forensic science, as well as incorporating a major new theme which seeks to explain how those responsible for policing Scotland set about dealing with current issues such as terrorism and organised crime. This book makes a significant contribution to the current debate on policing in Scotland, and as such is an essential text for academics and those interested in policing issues.
Download or read book The politics of freedom of information written by Ben Worthy and published by Manchester University Press. This book was released on 2017-02-10 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why do governments pass freedom of information laws? The symbolic power and force surrounding FOI makes it appealing as an electoral promise but hard to disengage from once in power. However, behind closed doors compromises and manoeuvres ensure that bold policies are seriously weakened before they reach the statute book. The politics of freedom of information examines how Tony Blair's government proposed a radical FOI law only to back down in fear of what it would do. But FOI survived, in part due to the government's reluctance to be seen to reject a law that spoke of 'freedom', 'information' and 'rights'. After comparing the British experience with the difficult development of FOI in Australia, India and the United States – and the rather different cases of Ireland and New Zealand – the book concludes by looking at how the disruptive, dynamic and democratic effects of FOI laws continue to cause controversy once in operation.
Download or read book Global Justice and Sustainable Development written by Duncan French and published by Martinus Nijhoff Publishers. This book was released on 2010-09-24 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recognising the significant role law, especially international law, can play in supporting the objectives of global justice and sustainable development, this edited collection provides a wide-ranging analysis of some of the most fundamental challenges facing global society.
Download or read book Is it in Force written by and published by . This book was released on 2008 with total page 1922 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book European Public Law written by Patrick J. Birkinshaw and published by Kluwer Law International B.V.. This book was released on 2020-01-23 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sphere of public law is ill-defined and controversial. Taking the broad view that it comprises aspects of (for instance) constitutional principles, good and humane administration, judicial review based on the rule of law, human rights, liability for wrongdoing, public procurement, provision of public services, transparency, social media and protection of privacy – areas that link legal control to broad governmental purposes – the third edition of this established and much-praised work expands its examination of the emergence of European public law from European Union (EU) law (and its European Community and European Economic Community antecedents), the European Convention on Human Rights and the interface of these systems with Member State systems, to include the currently all-important challenge of Brexit. The book explains in detail what European public law is and the context in which laws interact in European societies. Masterfully summarising the debate surrounding the influence of EU and European Convention law on Member State law – particularly that of the United Kingdom (UK) – in a thematic and analytical manner, the author covers the following topics and much more as they persist in the shadow of Brexit: constitutional law and administrative law in the EU and France, Germany and the UK; subsidiarity in the EU and UK devolution; openness, transparency and access to information; national parliaments and scrutiny of EU law; influence of EU law on UK judicial review; access to justice in the light of austerity and government cuts in public expenditure; the future of the UK Human Rights Act; European influence on the law of liability; EU ombudsmen and internal grievance procedures; future relationship between EU and UK domestic law; citizenship and protection of human rights; competition, regulation, public service and the market; the impact of Brexit, the legal consequences of UK withdrawal legislation and European Public Law, the EU-UK written agreements on separation and the political statement’s prospects for a post-Brexit trade deal. Detailed analyses of major cases and legal provisions are featured throughout the book. Given that the effects of Brexit will take decades to unfold, and not only in the UK, this new edition of a classic text will prove to be an invaluable guide to the ever-developing European context of domestic public law. The indelible marks of European integration must be fully understood if we are to understand public law and its future direction. The book will be of enormous assistance to political theorists and scientists and commentators and of immeasurable practical and academic importance in monitoring the future of Europe and its legal relationship with the UK. Academics and students will be rewarded by the detailed analysis of the context in which national laws and European laws interact. Practitioners in the UK, Europe and globally will gain invaluable insight into the laws they use to resolve practical questions of legal interpretation.
Download or read book Scotland s Constitution written by Chris Himsworth and published by Tottel Publishing. This book was released on 2009 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scotland.s Constitution: Law and Practice is a clear, comprehensive account of the Scottish dimension of constitutional law within its UK and European context. It describes and analyses constitutional arrangements while integrating that analysis with a general background to constitutional law and the UK institutions which have a continuing relevance for the government of Scotland. This highly regarded text considers law-making powers for Scotland, the legislative process at Westminster and at Holyrood, the accountability and scrutiny of government, the independence of the judiciary and the role of the courts in interpreting and adjudicating upon constitutional and administrative law questions. The second edition has been fully updated throughout and includes a wholly new chapter, entitled Citizen and State, covering important recent developments in human rights and civil liberties. Account is also taken of the work of the Calman Commission, the current Scottish government.s .National Conversation. and developments in the House of Lords and the Supreme Court. Further new material relating to data protection and freedom of information, elections and the reform of the tribunals system has been included. This text provides an essential introduction to constitutional law for law students and for others with a general interest in this subject. Chris Himsworth is Professor of Administrative Law at the University of Edinburgh and is a Solicitor admitted in Scotland and in England and Wales. Christine O.Neill is a Partner at Brodies LLP. Contents: Constitutions and Constitutional Law; Constitutional Law and Constitutional Values; The Scottish Constitutional Context; The UK and Scottish Parliaments; Law-Making Competences for Scotland; The UK Government and the Scottish Executive; Local Authorities and Other Public Bodies; Law-Making Procedures; The Parliamentary Accountability of Government; Public Finance; Courts and the Independence of Judiciary; Public Law Adjudication; I
Download or read book Memorandum to the Justice Select Committee written by Great Britain: Ministry of Justice and published by The Stationery Office. This book was released on 2011-12-19 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Freedom of Information Act 2000 received Royal Assent on 30 November 2000 and came into full effect on 1 January 2005. The Act gave the public, for the first time, a statutory right (subject to appropriate limitations) to i) find out if a public authority held specified information and, ii) if so, to be provided with access to it. This Memorandum revisits the original objectives and evaluates whether those have been met. It is felt that the FIOA has become embedded in the culture of public authorities and its effects on openness and transparency are clear. The successes do not come without cost, however, primarily in the form of concern at the time taken to process and respond to FOI requests, to conduct public interest tests and consider exemptions. The extent though to which original decisions are neither complained against, or are upheld on complaint, indicate that the FOIA is working largely as it should
Download or read book The Regulatory State written by Dawn Oliver and published by . This book was released on 2010 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of fifteen essays by leading experts in regulation is unique in its focus on the constitutional implications of recent regulatory developments in the UK, the EU, and the US. The chapters reflect current developments and crises which are significant in many areas of public policy, not only regulation. These include the development of governance in place of government in many policy areas, the emergence of networks of public and private actors, the credit crunch, techniques for countering climate change, the implications for fundamental rights of regulatory arrangements and the development of complex accountability mechanisms designed to promote policy objectives. Constitutional issues discussed in The Regulatory State include regulatory governance, models of economic and social regulation, non-parliamentary rule-making, the UK's devolution arrangements and regulation, the credit crisis, the rationing of common resources, regulation and fundamental rights, the European Competition Network, private law making and European integration, innovative regulator sanctions recently introduced in the UK, the auditing of regulatory reform, and parliamentary oversight and judicial review of regulators. The introductory chapter focuses on testing times for regulation, and the concluding chapter draws ten lessons from the substantive chapters, noting the importance of regulatory diversity, the complexity of networks and relations between regulatory actors and the executive, the new challenges to regulatory habits posed by climate change and the credit crisis, the wider economic and legal context in which regulation takes place and the accountability networks - including judicial review, parliamentary oversight and audit - within which regulation operates.
Download or read book Rights and Responsibilities written by Great Britain. Ministry of Justice and published by The Stationery Office. This book was released on 2009 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: This green paper launches a public consultation across the UK. The Government intends to involve all parts of society in discussions about the fundamental arguments for and against a new Bill of rights and responsibilities as well as the advantages and disadvantages of the individual components of any such Bill.
Download or read book Our Rights Our Information written by and published by CHRI. This book was released on 2008 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Scotland Analysis written by Great Britain: Scotland Office and published by The Stationery Office. This book was released on 2013-02-11 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
