THE CONSTITUTIONALISATION OF PRIVATE LAW:
Scotland

The European Convention on Human Rights was incorporated into domestic law for the whole of the United Kingdom by operation of the Human Rights Act 1998, which came into force on 2 October 2001. However, the Scottish courts were exposed to earlier experience of human rights challenges. In terms of the Scotland Act 1998, the Scottish Parliament, which began its legislative activity on 1 July 1999, and the Scottish Executive have been forbidden from acting in a way which is incompatible with the ECHR. This paper considers the nature of some of the challenges which have already been brought before the Scottish courts. It also reflects on the profound changes in legal culture which the incorporation of the ECHR has brought and the implications of this process for European integration.