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dc.contributor.authorMaxwell, Douglas
dc.date.accessioned2018-11-15T09:20:13Z
dc.date.available2018-11-15T09:20:13Z
dc.date.issued2018-11-24
dc.date.submitted2018-07-13
dc.identifier.urihttps://www.repository.cam.ac.uk/handle/1810/285096
dc.description.abstractThis dissertation examines the application and effect of Article 1 of the First Protocol to the ECHR in relation to Scots land law reform. Chapter one will reflect on why existing rights to property have come to be challenged. Chapter two sets out the human rights paradigm and scrutinises what rights and whose rights are engaged. Chapter three traces the development of A1P1. Chapter four applies the human rights paradigm to contemporary reforms. Chapter five considers the broader effect A1P1 has had on domestic property law. This dissertation submits that the problem to be overcome is that, in many instances, Scots land law reform has been reduced into a simplistic struggle. A1P1 has been held up as either a citadel protecting landowners or as an ineffective and unjustified right to be ignored. At the core of this debate are competing claims between liberal individualist rights to property and socially democratic, egalitarian goals. This dissertation argues that it is important to move beyond this binary debate. This is not about finding some mysterious “red card” or eureka moment that conclusively shows compatibility or incompatibility. Instead, compatibility will be determined by following a rule-based approach that values rational decision-making and the best available evidence, as well as the importance of democratic institutions. As such, it will be illustrated how future challenges are likely to focus not on the underlying purpose of land law reform but on the macro or micro granularity of Ministerial discretion. In coming to this conclusion, it will be argued that A1P1 has a pervasive influence on the entire workings of all public bodies and, like a dye, permeates the legislative process.
dc.description.sponsorshipUniversity of Cambridge Humanities and Social Sciences (HSS) PhD Scholarship
dc.language.isoen
dc.rightsAll rights reserved
dc.rightsAll Rights Reserveden
dc.rights.urihttps://www.rioxx.net/licenses/all-rights-reserved/en
dc.subjectLand
dc.subjectproperty
dc.subjectland law
dc.subjectland reform
dc.subjecthuman rights
dc.subjectpublic law
dc.subjectSalvesen v Riddell
dc.subjectMcMaster v Scottish Ministers
dc.subjectproperty rights
dc.subjectrights to property
dc.subjectscotland
dc.subjectArticle 1 of the First Protocol
dc.subjectPeaceful enjoyment of possession
dc.subjectproperty law
dc.subjectproperty theory
dc.subjectcommunity rights to buy
dc.subjectagricultural law
dc.subjectcrofting law
dc.subjectrural law
dc.subjecthuman rights act 1998
dc.subjectscotland act 1998
dc.titleRIGHTS TO PROPERTY, RIGHTS TO BUY, AND LAND LAW REFORM: APPLYING ARTICLE 1 OF THE FIRST PROTOCOL TO THE EUROPEAN CONVENTION ON HUMAN RIGHTS
dc.typeThesis
dc.type.qualificationlevelDoctoral
dc.type.qualificationnameDoctor of Philosophy (PhD)
dc.publisher.institutionUniversity of Cambridge
dc.publisher.departmentDepartment of Land Economy
dc.date.updated2018-11-13T15:14:27Z
dc.identifier.doi10.17863/CAM.32467
dc.publisher.collegeEmmanuel
dc.type.qualificationtitlePhD
cam.supervisorLees , Emma
cam.thesis.fundingfalse


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