Report: Conditioning Power: Devolved Law-Making after the Supreme Court’s s.28(7) Rulings
Published: 5 February 2026
5 February 2026: This 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. It brings together academics from the universities of Glasgow, Durham, Strathclyde, and Cardiff and offers practical solutions to resolve the issues.
Read the report: Conditioning Power: Devolved Law-Making after the Supreme Court s.287 Rulings
This new report, 'Conditioning Power: Devolved Law-Making after the Supreme Court's s.28(7) Rulings', suggests recent decisions by the UK Supreme Court have introduced new and unexpected constraints on devolved law-making.
Authors:
- Nicola McEwen, Professor of Public Policy and Governance and Director of the Centre for Public Policy, University of Glasgow
- Aileen McHarg, Professor in Public Law and Human Rights in the Durham Law School, Durham University
- Jo Hunt, Professor of Law in Cardiff School of Law and Politics, and a member of the Wales Governance Centre
- Chris McCorkindale, Reader in Law at University of Strathclyde Law School
Background
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.
Practical solutions
The report sets out the meaning of the judgments, the resulting uncertainties and complexities in some devolved laws, and the limitations of various technical workarounds.
Crucially, it offers practical solutions to restore the authority of the devolved legislatures and ensure coherence in the law on devolved matters.
Download and read the report
Read the report: Conditioning Power: Devolved Law-Making after the Supreme Court s.287 Rulings
Authors
Nicola McEwen, Professor of Public Policy and Governance and Director of the Centre for Public Policy, University of Glasgow
Aileen McHarg, Professor in Public Law and Human Rights in the Durham Law School, Durham University
Jo Hunt, Professor of Law in Cardiff School of Law and Politics, and a member of the Wales Governance Centre
Chris McCorkindale, Reader in Law at University of Strathclyde Law School
First published: 5 February 2026
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