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Week 1: Law making in Scotland

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Figure 28 provides overview of the ECHR and EU on law making in Scotland. Both have relevance through Treaties. The figure has a number of circles and arrows. These represent the ECHR and EU. From the ECHR are arrows to boxes with the following information: Courts and tribunals must take account of ECHR rights; Legislation should comply with ECHR rights. If it does not then legislation of the Scottish Parliament is void. Legislation of the UK Parliament is subject to a declaration of incompatibility. The link to the legislative competence of the Scottish Parliament From the EU are arrows to boxes with the following information; creates laws which may be directly applicable or laws to be adopted into law by the Scottish or UK Parliament; the link to the legislative competence of the Scottish Parliament.