First Minister, Scotland's top judge and MSPs back new JUSTICE guide to improve Holyrood lawmaking

Published:

September 24, 2026

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The First Minister, Scotland’s top judge and cross-party MSPs have given their backing to JUSTICE’s new Law for Scottish Lawmakers - an essential guide to the legal and constitutional principles that shape Holyrood.

Nearly half of the current intake of MSPs (64 out of 129) are serving in Holyrood for the first time - the highest number since the Scottish Parliament was established in 1999.

This comes amid growing concern about threats to the rule of law, 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.  

Developed by JUSTICE Scotland with Brodies LLP, it aims to equip MSPs and their staff with the tools to improve legislation and strengthen democratic standards. It is being delivered to the offices of all MSPs from today.

Chair of JUSTICE Scotland, Usman Tariq KC, explained:  

“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.”

The Guide has been welcomed by the First Minister, John Swinney MSP, who said:  

“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 returning MSPs and their staff as they carry out their parliamentary responsibilities.”

It also has the support of Scotland's most senior judge, Lord Pentland, who provides the guide’s foreword. The Lord President of the Court of Session and Lord Justice General said:

“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.”

Calum Kerr, SNP convener of the Delegated Powers and Law Reform Committee, praised the guide as "so valuable" in helping MSPs without legal backgrounds understand their roles. He said:

“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."

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

Katy Clark, Deputy Presiding Officer of the Scottish Parliament and Scottish Labour MSP, called the update “timely”, as Holyrood is set to face a series of important decisions this session:

“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”.

A spokesperson for Brodies LLP added:

“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 elected in 2026 were elected for the first time. We hope that this guide will equip all MSPs, alongside Scottish MPs and peers, to fulfil their roles as custodians of a democratic society founded on the rule of law.”

We are grateful to the Law Society of Scotland and The Faculty of Advocates for sponsoring the guide.

Notes to Editors:

For interview requests and queries please email press@justice.org.uk or call 07956 641 829.

A link to the guide can be found here.

  1. JUSTICE is a legal charity working to build a fairer UK justice system within everyone’s reach. Over its 69-year history it has transformed the legal landscape for the better, led by evidence, expertise, and a focus on practical solutions. For example, key legal bodies we now take for granted such as the Ombudsman, the Crown Prosecution Service, and the Criminal Injuries Compensation Board were all proposed and supported into being by JUSTICE.
  2. JUSTICE Scotland, founded in 2012, is its thriving Scottish chapter. Bringing together experts from across the law and politics, it aims to influence policy and deliver evidence-based reform:
    • The organisation works with a broad coalition to ensure the Scottish Government's proposals to expand human rights – from incorporation of international treaties via the Human Rights Bill to changes to judicial review – are effective, accessible, and guarantee rights to redress for everyone.
    • It played a key role in co-authoring the Make Human Rights Justice a Reality report in 2023, which set out 13 priority actions to improve access to human rights justice in Scotland.
    • The charity is also working to increase the uptake of legal advice in police stations, while raising awareness among officers and lawyers of the needs of vulnerable people. This includes assessing police interview adjustments for neurodivergent individuals. As part of this, JUSTICE is co-supervising PhD research observing interviews in Scottish police stations.

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Together, we can transform the justice system

Stand with us to strengthen the rule of law and ensure everyone can rely on our legal system.