Rights and Devolution (original) (raw)

Abstract

The law, as Stuart Schiengold argued, has both concrete and symbolic forms with implications for the politics of rights. Myths are an important element in the politics of law. Multi-level systems of government create difficulties when it comes to the provision of rights, normally understood to involve equal rights for all. Almost by definition, decentralised systems involve citizens receiving different rights in different parts of a state. Central governments have a role in ensuring equality of rights across the state as a whole. Debates on devolution within the United Kingdom confirm but offer a different perspective on the unequal provision of rights. This paper draws on debates within UK central government in the 1960s/70s when devolution to Scotland was first seriously considered. It highlights the key ‘myths’ that informed these debates within Whitehall, especially the UK Treasury. The relevance of these debates to today’s concerns are explored. It is argued that devolved gover...

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