Kaur v LA [1980] ScotCS CSOH_5 (06 June 1980)

Kaur v LA [1980] ScotCS CSOH_5 (06 June 1980)

The European Convention on Human Rights is not part of the municipal law of Scotland and is not directly enforceable in Scottish courts absent statutory incorporation; the Convention does not create enforceable rights for individuals in domestic law, nor does Community law apply in this case as there is no Community...

Source-derived case information.

Citation
[1980] ScotCS CSOH_5
Parties
Pursuer: Surjit Kaur (as tutrix and administratrix-at-law of her three pupil children and as an individual); Defender: Lord Advocate (representing Her Majesty's Secretary of State for the Home Department)
Jurisdiction
Scotland
Judgment Date
06 June 1980
Procedural Posture
Civil Action for Declarator and Interdict / Opinion at First Instance (outer House, Court of Session)
Outcome
action dismissed
Legal Topics
Direct Enforceability of International Treaties, Status of European Convention on Human Rights in UK Law, Deportation, Ius Quaesitum Tertio, Community Law and Fundamental Rights
Immigration Law Constitutional Law Human Rights Law European Union Law Direct Enforceability of International Treaties Status of European Convention on Human Rights in UK Law Deportation Ius Quaesitum Tertio +1 more

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Summary, issues, holding and outcome

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Parties

Surjit Kaur (as tutrix and administratrix-at-law of her three pupil children and as an individual)

Pursuer

Lord Advocate (representing Her Majesty's Secretary of State for the Home Department)

Defender

Procedural Posture

Civil Action for Declarator and Interdict / Opinion at First Instance (outer House, Court of Session)

Legal Issues

  1. 1 Are the provisions of the European Convention on Human Rights directly enforceable in Scottish courts?
  2. 2 Do the pursuers have rights under the Convention or Community law enforceable in Scotland?
  3. 3 Does the Convention or Fourth Protocol confer rights on the pursuers as third parties?

Ratio Decidendi

The European Convention on Human Rights is not part of the municipal law of Scotland and is not directly enforceable in Scottish courts absent statutory incorporation; the Convention does not create enforceable rights for individuals in domestic law, nor does Community law apply in this case as there is no Community element; the pursuers have no relevant right under domestic or Community law and the action is irrelevant and incompetent.

Court Disposition

action dismissed

Orders

  • first and second pleas in law for the defender sustained
  • action dismissed