8 Reading an Act of the Scottish Parliament In this section we will explore what an Act of Parliament looks like, how Acts of Parliament are structured, and how you should read an Act of Parliament. Copies of all Acts of the Scottish Parliament are kept in the National Archives of Scotland. Copies of all Acts of the UK Parliament have been kept since 1497. Most of these are kept in the House of Lords Record Office in the Victoria Tower at Westminster, and are available for public inspection on arrangement with the Clerk of the Re
7.1 Reserved and devolved matters As stated earlier, the UK Parliament can still legislate on reserved matters and also on devolved matters, with the agreement of the Scottish Parliament. This section looks at the law making process at Westminster. It is a very different process, which involves both the Houses of the Westminster Parliament. An Act of the UK Parliament also starts off as a Bill, which, if approved by a majority in the House of Commons and the House of Lords, will become an Act of the Westminster Parliame
6.1 Introduction We have now looked at how formal rules are formulated, and at some of the strategies that may be deployed when interpreting them. In this part we will take this one step further and explore in more detail something that we have already touched on and thought about – the application of rules. This is a really important thing to understand, since rules are designed to regulate conduct, and have to be applied to instances of the conduct with which they are concerned. Summary of Part A After studying Part A you should be able to: describe what is meant by a formal rule; identify a formal rule; describe the problems associated with rule making. Except for third party materials and otherwise stated (see terms and conditions), this content is made available under a Author(s): 3.5 The language of law A potential barrier to understanding, which those new to law can find off-putting, is the use of specialist terminology. This contributes to the perception of law as an elitist and difficult area of study and is something that requires further explanation. Many professions (and social groups) develop their own forms of language to communicate effectively and, in some cases, to signify group membership. In this sense legal language is not unique, but is does have a formal character which can s 3.4 Understanding legal rules We have seen that legislative bodies can change legal rules as policy makers initiate reforms, but this is not the only way in which legal rules develop. Courts also have a role in interpreting statutes according to legal principles, and their decisions (which are referred to as ‘case law’) must be taken into account before we can confidently state that a particular position is ‘the law’. Court decisions are also subject to appeal and review, so the law does not remain stati 3.2 Law in action vs law in books Most people's experience of law is with what might be called the ‘law in action’. We observe or encounter the application of law in practice through our contact with, for example, solicitors, the courts or the police, and we tend to associate their work with the law. We have, however, seen that social workers are also legal actors, professionals with legal power and authority. They are therefore very much part of the law in action, even if they do not fit your immediate associations 2.2 Finding out about social work There is evidence that public knowledge about social work in Scotland is ‘fairly low’, with apparent confusion between social services and welfare benefits – ‘the social’ – and over the boundaries between social work and social care. The MORI survey also reported that those most likely to be in need of social support – older people, lower social income and minority ethnic groups – were particularly ill informed about availability and access to services (Davidson and 2.1 First impressions 1 The importance of law in social work education 3.1 The expansion of the right to confidence While there is no common law right to privacy, the law relating to breach of confidence has been expanded to a degree which suggests that privacy claims are now being given greater protection. The right to confidence has been expanded in recent cases such as Douglas and Others v Hello! Ltd (2001). In this case the Court of Appeal ruled that individuals have a right to personal privacy which was grounded in the doctrine of confidence. Michael Douglas and Catherine Zeta-Jones had granted 2.1 Background information As stated in the introduction, there is no right to privacy in UK law. In Malone v Metropolitan Police Commissioner (1979) the UK courts held that telephone tapping by the police could not be unlawful in the UK as there was no right to privacy at common law that could be breached. This contrasts with the USA where the right to privacy is a protected right. The US Supreme Court in Lawrence v Texas (2003) declared that a Texas statute that criminalised gay and lesbian sexual 1.2 Balancing the right to privacy and other rights Article 10 of the European Convention on Human Rights protects freedom of expression. Section 12 of the Human Rights Act 1998 requires the courts in the UK to have particular regard to the importance of the right to freedom of expression. However, freedom of expression and the right to privacy frequently collide. This can be illustrated by reference to the American case of Anonsen v Donohue (1993). In this case a woman revealed on national television that her husband had raped and impr 4.3 Summary of Part C In Part C you explored the relationship between UK law and human rights. You learnt about the historical approaches taken to rights in the UK, that individuals could do as they please unless there was a law restricting or preventing that conduct. The UK had been a signatory to the ECHR for many years before passing the Human Rights Act. Through activities you explored the debate on incorporation of the ECHR and its perceived effect. Except for third par 3.8 Summary of Part B In Part B you learned more about the ECHR and the procedures of the ECtHR and how protocols have been used to ensure that the ECHR remains a living instrument. Part B also explored the new challenges created by the rapid expansion of HCPs at the end of the last century and the proposals for reform of the ECtHR. Except for third party materials and otherwise stated (see terms and cond 3.7 The growth of the ECHR The achievements of the ECHR are many. It continues to promote human rights and democracy across Europe, it has established jurisprudence in human rights and it has made significant contributions to the continued peace and stability of Europe. Recent reforms mean that the right of individual petition is now guaranteed, so individuals are afforded protection from the power of the state. The number of HCPs has expanded to 46 and access to the protection of the ECHR and the ECtHR is available to 3.4 The development of the European Convention on Human Rights The aftermath of the Second World War was a time of great activity in the realms of human rights throughout the world, and the United Nations Charter itself, signed on 26 June 1945, included an obligation on states to respect fundamental human rights and freedoms. The development of an International Bill of Rights was significantly influenced by the commencement of the Cold War. However, that did not prevent the signing of the Convention on the Prevention and Punishment of the Crime of 3.3 What were the fundamental human rights which required protection? Earlier in this unit you explored why certain rights were considered to be basic human rights. These can be described as those rights of individuals or groups relating to human dignity and fundamental freedoms, which require legal protection from adverse interference by the state, where those rights derive from the fact of being human. Such rights can be traced back to two aspects of international law, namely customary international law and treaty law. The former derives from the customs adop CIDMEF Libreville 2011 - Les coopérations institutionnelles et professionnelles.
XVIIIème Journées Universitaires Francophones de Pédagogie des Sciences de la Santé de la CIDMEF. CIDMEF Libreville 2011 - Les coopérations institutionnelles et professionnelles.
XVIIIème Journées Universitaires Francophones de Pédagogie des Sciences de la Santé de la CIDMEF.
Social work is a dynamic profession that is undergoing a period of significant change in Scotland. Social workers have the power to make assessments and decisions that radically alter people's lives. This unit introduces the law as it relates to social work and encourages an understanding of the context of the law in order to make sound decisions.
Social work is a dynamic profession that is undergoing a period of significant change in Scotland. Social workers have the power to make assessments and decisions that radically alter people's lives. This unit introduces the law as it relates to social work and encourages an understanding of the context of the law in order to make sound decisions.
3ème Congrès International Francophone de Pédagogie des Sciences de la Santé
16 – 19 avril 2011
Faculté de Médecine de Libreville (Gabon). Université des Sciences de la Santé
Titre : CIDMEF Libreville 2011 - Les coopérations institutionnelles et professionnelles en éducation dans les Sciences de la Santé
Intervenant : Patrice COUZIGOU (Pessac, F
3ème Congrès International Francophone de Pédagogie des Sciences de la Santé
16 – 19 avril 2011
Faculté de Médecine de Libreville (Gabon). Université des Sciences de la Santé
Titre : CIDMEF Libreville 2011 - Les coopérations institutionnelles et professionnelles en éducation dans les Sciences de la Santé
Intervenant : Jean-Paul FRANCKE
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