Tony Blair's reshuffle signalled constitutional change

Labour MSP Gordon Jackson, who is also a leading advocate, is floating the idea as the UK Government begins its consultation on replacing the law lords.

At present the buck stops at Westminster and judges cannot intervene if it passes bad law.

However, things are different at Holyrood, where MSPs can be stopped by the law lords on the judicial committee of the privy council if they act beyond their powers.

Their role will soon be transferred to a new UK supreme court, which Mr Jackson believes should have more powers than the House of Lords.

He said it should be able to look at Westminster acts of parliament and strike them down, for example if they run contrary to the European Convention on Human Rights.

It is Westminster that is out of date and historically in a bygone age Gordon Jackson

"That would be a big step," he told BBC Scotland.

He said Westminster was very keen on the "historically outdated" idea of the sovereignty of parliament.

"Westminster has this view that no-one can ever intervene in what they do," said Mr Jackson.

"When it comes to human rights issues all that a court can do with Westminster is give an advisory note, whereas in Scotland they can strike the legislation down.

"I would like to see a supreme court able to do that for Westminster as well."

He said that system would be similar to the one operating in the United States - and many other countries.

"It is Westminster that is out of date and historically in a bygone age as far as that is concerned."

Supreme court

However, his argument was rejected by Constitutional Affairs Secretary Lord Falconer, who announced details of the consultation process on Monday.

"We are not going down that route here because we think the right constitutional settlement is to leave the UK Parliament supreme," he said.

Plans for a UK supreme court were announced during Tony Blair's reshuffle last month.

Scottish ministers were not consulted in advance, although the new body will hear final appeals in civil cases from Scotland.

We think the right constitutional settlement is to leave the UK Parliament supreme Lord Falconer

Scotland's most senior law lord, Lord Hope of Craighead, has warned that the new court could place the integrity of Scots law and put the devolution system at risk.

The proposals were also criticised by opposition parties north of the border.

However, First Minister Jack McConnell now believes Scottish concerns have been "taken on board" by the constitutional affairs secretary.

Lord Falconer told BBC Scotland that he had spoken to Mr McConnell to make sure that the Scottish Executive was happy about what is in the consultation paper.

He stressed that the executive would be consulted on all aspects of the supreme court plans.

On the issue of representation on the new court, he pointed out that two Scottish law lords currently sit in the House of Lords.

"There must be parallel representation in the supreme court. There will be assured places," he said.

'Historical anomaly'

The Scottish National Party backed calls for a review of the system, urging the creation of a Scottish supreme court.

Justice spokesperson Nicola Sturgeon said: "There's no reason why civil cases require to go south of the border any longer.