... S.57(2) of the Act provides 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"10. These provisions have led to the fundamental constitutional shift that has given the Scottish judiciary the enhanced role it has today. The traditional function of the judges, pre-Devolution, was to interpret and apply statutes, however since the coming into force of the SA, the judiciary have been conferred with power to strike down Scottish legislation. Therefore, although the HRA incorporated Convention rights into the laws of the whole of the U.K., the ECHR is given a distinct constitutional status in Scotland.11 The Scottish judiciary have been compared to the United States Supreme Court: they have been assigned to the highest point of this new constitution in dealing with the ...

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