rights are mainstreamed in Scotland it is unlikely a flood of ESC cases would arise if ESC rights are also mainstreamed in the decision making process. There are a variety of other mechanisms used by the judicial system to ensure that similar cases do not flood the system, one such mechanism is to allow for the conclusion of a test case and sist (temporarily delay) all other cases which are directly affected by the outcome. This allows for a jurisdictional judicial approach to control a number of similar cases and is well within the capability of the judicial structure to administer. Conclusion This paper has identified a number of routes through which ESC rights could be incorporated and implemented in Scotland in a legitimate and viable manner. Existing mechanisms for the better protection of ESC rights include implementation through the common law; expansion through the dynamic interpretation of CP rights; protection under the aegis of equality legislation; implementation through legislative frameworks; or protection under EU law. These mechanisms are available for immediate use, however, the paper also identifies that there are various limits to these particular avenues meaning that full implementation of ESC rights is not yet available. This that there is an ESC rights protection deficit in Scotland this – gap could be addressed through a number of other avenues for future implementation. The paper identifies that ESC rights could be better protected by commencing the socio-economic equality duty under the
rights are mainstreamed in Scotland it is unlikely a flood of ESC cases would arise if ESC rights are also mainstreamed in the decision making process. There are a variety of other mechanisms used by the judicial system to ensure that similar cases do not flood the system, one such mechanism is to allow for the conclusion of a test case and sist (temporarily delay) all other cases which are directly affected by the outcome. This allows for a jurisdictional judicial approach to control a number of similar cases and is well within the capability of the judicial structure to administer. Conclusion This paper has identified a number of routes through which ESC rights could be incorporated and implemented in Scotland in a legitimate and viable manner. Existing mechanisms for the better protection of ESC rights include implementation through the common law; expansion through the dynamic interpretation of CP rights; protection under the aegis of equality legislation; implementation through legislative frameworks; or protection under EU law. These mechanisms are available for immediate use, however, the paper also identifies that there are various limits to these particular avenues meaning that full implementation of ESC rights is not yet available. This that there is an ESC rights protection deficit in Scotland – this gap could be addressed through a number of other avenues for future implementation. The paper identifies that ESC rights could be better protected by commencing the socio-economic equality duty under the
news9dec15wordinnovforumkboylepresent.docx