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Scotland and Human Rights

In constitutional terms, the Scotland Act (1998) makes provisions for the protection of human rights within Scotland.  Specifically, Section 57(2) states that "a member of the Scottish Executive has no power to make any subordinate legislation, or to do any other act, so far as the legislation or act is incompatible with any of the Convention rights or with Community law".  Furthermore, Schedule 4(1) of the Act states that "an Act of the Scottish Parliament [ASP] cannot modify the Human Rights Act 1998".  Any ASP which did so would be automatically rendered invalid.  A decision on whether a decision of Scottish Ministers or an ASP is invalidated by being noncompliant is ultimately for the UK Supreme Court, in considering any "devolution issues" brought before it.