16 January 2024
97.The power to make a strike down declarator is exercisable by:
the Supreme Court of the United Kingdom,
the Court of Session, which is Scotland’s supreme civil court,
the High Court of Justiciary, which is Scotland’s supreme criminal court, but the High Court can only exercise the strike down power when it is not sitting as a trial court (which means it can do so when, for example, acting as an appeal court).