Abstract
The enactment of the Human Rights Act 1998 necessitates a reassessment of fundamental common law crimes. This paper describes one of the most commonly prosecuted of crimes, namely “breach of the peace”, and argues that it is not defined with sufficient precision to conform to the requirements of the European Convention on Human Rights.
Original language | English |
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Pages (from-to) | 145-168 |
Number of pages | 24 |
Journal | Edinburgh Law Review |
Volume | 5 |
Issue number | 2 |
DOIs | |
Publication status | Published - May 2001 |
Keywords
- Breach of the peace
- European Convention on Human Rights
- Criminal law
- Scotland