MODEL A UK Requires This framework Positive ESC Parliament political support is how the enforcement UK could extend by majority of ECHR is Parliament Human rights scope of UK Parliament currently legislative affirmative section 29 of protected in framework framework Scotland Act Scotland. based on providing ESC 1998 to Scotland The judiciary rights with include rights Act are tasked with constitutional enshrined in structure the status in the responsibility to Scotland. International review Covenant of compatibility Economic, and can Under this Social and declare model the Cultural unlawful judiciary play a Rights legislation ultra substantive (ICESCR) vires. role in scrutinising compatibility. MODEL B Scottish This would Scottish Positive Parliament need to comply Parliament enforcement of Scottish imposes with the current Committee ESC with Parliament reserved v could be various legislative legislation, devolved created to options for framework which framework and consider ESC constitutional full incorporates so rights before safeguards. ICESCR or consideration passage of imposes of reserved subsequent (Scottish domestically areas such as legislation and Bill/ Charter drafted form Equality of court could of Rights) of ESC rights Opportunity declare would need to incompatible be considered legislation as in terms of ultra vires. devolved competence
MODEL A UK Parliament legislative framework based on Scotland Act structure UK Parliament could extend scope of section 29 of Scotland Act 1998 to include rights enshrined in the International Covenant of Economic, Social and Cultural Rights (ICESCR) Requires political support by majority of UK Parliament This framework is how the ECHR is currently protected in Scotland. The judiciary are tasked with the responsibility to review compatibility and can declare unlawful legislation ultra vires. Positive ESC enforcement Human rights affirmative framework providing ESC rights with constitutional status in Scotland. Under this model the judiciary play a substantive role in scrutinising compatibility. MODEL B Scottish Parliament legislative framework full (Scottish Bill/ Charter of Rights) Scottish Parliament imposes legislation, which incorporates ICESCR or imposes domestically drafted form of ESC rights This would need to comply with the current reserved v devolved framework and so consideration of reserved areas such as Equality of Opportunity would need to be considered in terms of devolved competence Scottish Parliament Committee could be created to consider ESC rights before passage of subsequent legislation and court could declare incompatible legislation as ultra vires. Positive enforcement of ESC with various options for constitutional safeguards.
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