Enhancing legislative review: a new voice for the legislature

Unlike Acts of the United Kingdom Parliament, primary legislation made by the Scottish Parliament is not immune from judicial review. An Act of the Scottish Parliament 'is not law' in so far as a court determines, inter alia, that it 'relates to' a matter reserved to the UK Parliament (as defined in Schedule 5 to the Scotland Act 1998) or is incompatible with the European Convention on Human Rights. For those engaged in the law-making process – from civil servants, to legislators, to ministers and their advisors, to courts and to those private citizens and public or private bodies who rely on the rights and duties conferred by legislation – the consequences where legislation does stray outside of legislative competence are therefore severe.