Adequately protected - Statutory laws and devolution enhance specific rights

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9 Terms

1
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Main point of Paragraph

  • Rights are adequately protected as statutory laws and devolution enhance specific rights

2
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AO1 - Equality act strengthening protection

  • Equality Act 2010 strengthens rights by protecting against discrimination across nine protected characteristics

3
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AO1 - Freedom of Information Act

  • FOIA 2000 grants citisens the right to access information previously privatised

4
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AO1 - Devolution

  • Devolution in Scotland, Wales, Northern Ireland transfers legislative power leading to distinct rights regimes

5
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AO2 - Direct democratic legitimacy

  • Statutory rights benefit from direct democratic legitimacy

  • Because they were created and voted upon by parliament

  • This makes their foundations more politically stable than rights imposed by international treaties or interpretation

6
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AO2 - Positive socio-economic duties

  • Unlike the HRA, the Equality Act and devolved legislation embed positive socio-economic duties

  • This shifts the political culture from passive protection to proactive state intervention to secure outcomes

7
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AO3 - Interim judgement — Rights are enforceable

  • Specific laws and devolution are well defined and enforceable

  • This offers concrete legal avenues for recourse which strongly suggests protection

  • Thus, it can be said that rights are resilient due to diverse sources and democratic buy-in

8
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AO2 - Counter - Political attacks

  • Effectiveness of these laws is undermined by frequent political attempts to limit them

  • Government repeatedly sought to restrict scope of FOIA using a narrow interpretation of exepemptions

  • EHRC has faced severe budget cuts

  • This demonstrates a lack of constitutional priority given to rights enforcement

9
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AO3 - Weak argument — dependent on parliaments goodwill

  • Weak argument

  • Whilst statutory rights are strong in their scope of devolution providing a buffer

  • This strength is entirely dependent on parliaments political and financial goodwill

  • Rights are voluntarily strong rather than constitutionally guaranteed.