New Law for Scottish Lawmakers Guide

Our new Scottish Law for Lawmakers aims to improve legislation and strengthen the rule of law by offering MSPs an essential guide to the legal and constitutional principles that shape Holyrood. 

It comes as a record number of first-time MSPs adjust to their roles, following a period of constitutional uncertainty after Brexit and landmark Supreme Court rulings.

Whether they are proposing bills, voting on legislation or taking part in committees, MSPs have to engage with complex legal questions every day. 

Law for Scottish Lawmakers provides an accessible introduction to the key features of the legal landscape - from devolution to human rights - helping politicians of all parties make laws effectively and represent their constituents.  

Building on the success of the first guide, published in 2017, the new edition reflects the impact of Brexit, along with Supreme Court rulings which have clarified aspects of the devolution settlement.

Developed by JUSTICE Scotland with Brodies LLP, it has been welcomed by First Minister John Swinney and cross-party MSPs, with Scotland's most senior judge, Lord Pentland, providing the foreword.

Read and download Scottish Law for Lawmakers (2026) here.

A better understanding of the law can improve the quality of political debate, strengthen parliamentary scrutiny, and ensure that laws are both effective in practice and robust in principle. It can help safeguard the values of the Scottish Parliament inscribed on its Mace – wisdom, justice, compassion and integrity – which should underpin all legislative decision-making. Chair of JUSTICE Scotland Usman Tariq KC

“A clear understanding of Scotland’s legal and constitutional framework is essential to informed law-making, effective scrutiny and robust parliamentary debate. As many MSPs begin their first term in Parliament, this guide will help develop that understanding by providing an accessible overview of the Scottish legal system and the respective roles of Parliament, government and the judiciary. I welcome its publication and the support it will provide to new and returningMSPs and their staff as they carry out their parliamentary responsibilities. First Minister, John Swinney MSP.

“The guide explains the key features of Scotland’s justice system with impressive clarity, making a valuable contribution to the vitally important task of upholding and strengthening the rule of law. As head of the Scottish judiciary, I welcome its publication and commend it to everyone involved or interested in the making of laws affecting Scotland. Lord Pentland, Lord President of the Court of Session and Lord Justice General.

The MSPs who make up our Parliament come from a diverse range of backgrounds and experiences which is in many ways a strength. But this does mean that many MSPs are dealing with legislative and legal matters for the first time when elected. I include myself in this - I have an almost 30-year career in the tech business which gives me a number of valuable insights on many matters before the Parliament, but it doesn't give me an expert knowledge of law. That is why a guide like this is so valuable in helping MSPs who do not come from a legal background to better understand legal concepts, engage with legislation more effectively, and support informed scrutiny and decision-making in Parliament. I am delighted to welcome its launch." Calum Kerr SNP, Convener of the Delegated Powers and Law Reform Committee.

I welcome the publication of JUSTICE’s Law for Scottish Lawmakers guide as it will be a useful tool for MSPs in understanding the distinct legal system in Scotland, and the impacts of EU and international law. The Scottish Parliament is being asked to consider some big policy questions in this session, including public service reform, and that’s why JUSTICE’s work in developing this guide is timely. Katy Clark, Deputy Presiding Officer of the Scottish Parliament and Scottish Labour MSP.

The updated guide would not have been possible without the input of Brodies LLP. We are also grateful to the Law Society of Scotland and The Faculty of Advocates for their sponsorship.

We were pleased to work with JUSTICE on this guide for Scottish lawmakers. The constitutional backdrop in Scotland has evolved significantly since the Scottish Parliament was established in 1999, and a record number of MSPs selected in 2026 were elected for the first time. We hope that this guide will equip all MSPs, alongside Scottish MPs and peers, to fulfill their roles as custodians of a democratic society founded on the rule of law. Spokesperson for Brodies LLP.

Guide contents

The guide covers the following topics:

• Law for Lawmakers
• The Rule Of Law
• Introduction to the Law
• Public law and Judicial Review
• Rights and the Individual
• EU and International Law