Vetting bills in the Scottish Parliament for legislative competence

McCorkindale, Christopher and Hiebert, Janet (2017) Vetting bills in the Scottish Parliament for legislative competence. Edinburgh Law Review, 21 (3). pp. 319-351. ISSN 1364-9809

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    Abstract

    Unlike Acts of the United Kingdom Parliament, primary legislation made by the Scottish Parliament is not immune from judicial review. The devolved legislature is a parliament of limited competence, the boundaries of which are found in both statute and the common law. Accordingly, an Act of the Scottish Parliament (ASP) "is not law" in so far as, inter alia, it "relates to" a reserved matter, or is incompatible with a Convention right or with EU law, and, in extreme circumstances, it is also invalid to the extent that it violates the fundamental principle(s) of the rule of law. Where the Parliament does legislate beyond those limits, courts have the power to set aside the offending Act.