Drets fonamentals i Devolution: el nou Tribunal Suprem i la proposta de Carta de drets fonamentals del Parlament britànic en el marc de l’Estat compost

Human rights and devolution: The new Supreme Court and the proposals for a bill of rights for the UK within the complex framework of the State. The articulation of human rights protection within the complex nature of the State is currently under intense debate in the United Kingdom, sparked by the establishment of the new Supreme Court and the proposals for a UK bill of rights. This article analyses the current reforms and their surrounding debates, focusing on the case of Scotland, which at the same time highlights the complexity of the model and the effects of devolution on the pre-existing constitutional framework. To this end, it is organised in three parts which consider the interaction between devolution and rights protection, the debates surrounding the Supreme Court in human rights cases for Scotland and the debates surrounding the proposals for a bill of rights for the United Kingdom. The different positions in these debates reflect the diverse perceptions of the nature of the State within the United Kingdom (unitary-decentralized, union, federal), which result in different views of how rights protection should be articulated.