As argued by Donnelly, rights cannot be understood without reference to obligations and the protection they create. If one person is entitled, in other words has a right to something then someone has a responsibility to ensure that right is delivered. All rights involve duties or responsibilities and must be enforceable if they are to become concrete (Montgomery, 2012). Rights of individuals must be balanced against the rights of a community to ensure all parties are equal. Having the right to one thing and wanting one thing must be considered completely separately if there is going to be a complete distinction when guaranteeing fundamental rights, as wanting something would require someone to take responsibility for enforcing it (Montgomery, 2012). Scruton further backs this argument up stating that,.
"Rights are not secured by declaring them. They are secured by the procedures that protect them.".
This argument refutes the statement that the ECHR protects fundamental human rights as Scruton's argument refers to? the case law of the United Kingdom. Scruton believes that case law of the United Kingdom resolves the conflict it can generate in court. A lack of Human Rights in the UK coupled with its unwritten constitution had previously caused widespread concern, as people felt that the UK would be vulnerable in times of economic crisis (Birchall et al. 2012). The UK joined the European Economic Community in January 1973 despite concerns that the UK would lose its sovereignty. EU law was becoming increasingly important in the UK and had a direct influence on the way law was required to be interpreted. As a consequence, this caused unease amongst citizens of the UK, as The Convention laws are not passed by parliament, who is elected by the citizens. The HRA was specifically designed to protect the sovereignty of the United Kingdom. The courts and judges are not allowed to declare any statute as unlawful, but are allowed to declare incompatibility with the HRA.