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Week 1: Law making in Scotland

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Figure 3 outlines the legislative competence of the Scottish Parliament. It notes the following: • the Parliament can only legislate for or in relation to Scotland • it cannot legislate in relation to the ‘reserved matters • it cannot modify certain enactments (these include the Human Rights Act 1998, certain provisions of the Acts of Union and the European Communities Act 1972) • any legislation must be compatible with the European Convention on Human Rights (ECHR) and with European Union law • it cannot remove the Lord Advocate from their position as head of the system for criminal prosecution.