UofG Centre for Public Policy

5 February 2026: A new report says an unexpected interpretation of section 28(7) of the Scotland Act by the UK Supreme Court has generated uncertainty around limits of law-making in the Scottish Parliament, the Senedd and the Northern Ireland Assembly. The report, written by Professor Nicola McEwen, Professor Aileen McHarg, Professor Jo Hunt, and Dr Chris McCorkindale, offers practical solutions to resolve the issues. 

A new report written by Professor Nicola McEwen, Professor Aileen McHarg (Durham University), Professor Jo Hunt (Cardiff University), and Dr Chris McCorkindale (University of Strathclyde) suggests recent decisions by the UK Supreme Court have introduced new and unexpected constraints on devolved law-making.

The report, 'Conditioning Power: Devolved Law-Making after the Supreme Court's s.28(7) Rulings', sets out the meaning of the judgments, the resulting uncertainties and complexities in some devolved laws, and the limitations of various technical workarounds.  

Read: Conditioning Power: Devolved Law-Making after the Supreme Court s.287 Rulings

The decisions arose from reference cases on the Scottish Continuity Bill and Bills to embed the United Nations Convention on the Rights of the Child (UNCRC) and the UN Charter on Local Self Government into Scots law. The Court’s interpretation of Section 28 (7) of the Scotland Act 1998 resulted in these Bills being significantly narrowed.

The narrow scope of the UNCRC Act has generated knock-on effects for new legislation.

This includes the Bill designed to implement some of “the Promise” made by then First Minister Nicola Sturgeon, that Scotland’s children and young people grow up loved, safe and respected so that they realise their full potential, and that care experienced adults and families have the support they need to thrive. 

Professor Nicola McEwen, Centre for Public Policy Director and co-author of the report, said: “The United Nations European Charter on Local Self Government Bill, back before Parliament this week, like the UN Charter on the Rights of the Child before it, has had to be narrowed considerably in light of these judgments.  

“These examples reveal the limits, uncertainties, and practical barriers that have emerged. Our goal with this Report is to offer practical solutions that can support the governments to collaborate towards recognising and resolving the issues.”  

Professor Aileen McHarg, Professor of Public Law and Human Rights at Durham Law School, and another co-author of the Report, said: “The Supreme Court's s.28(7) decisions have created significant difficulties for the Scottish Parliament - and other devolved legislatures - in realising their legislative objectives and have injected unwelcome uncertainty into devolved law-making.  

“Co-operation between the UK and devolved government is urgently required to resolve these challenges at source."  

Crucially, the report offers practical solutions to restore the authority of the devolved legislatures and ensure coherence in the law on devolved matters. 

Learn more and read the report: Conditioning Power: Devolved Law-Making after the Supreme Court’s S.28(7) Rulings  

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If you would like more information about this report, please contact Jen Chambers, Communications Lead, at jennifer.chambers@glasgow.ac.uk and/or public-policy@glasgow.ac.uk.  

First published: 5 February 2026