Constitutional Law of Scotland 2nd ed (eBook)

This comprehensive second edition offers an authoritative account of Scotland's constitutional arrangements, thoroughly updated to reflect the seismic shifts in UK constitutional law since the 2014 independence referendum. The book charts the Scotland Act 2016, which gave effect to the cross-party Smith Commission agreement reached following the referendum, alongside the far-reaching consequences of the 2016 EU referendum - a vote whose unexpected outcome did much to reignite the debate over Scotland's constitutional future.

Central to this edition is an in-depth analysis of the Supreme Court jurisprudence which has helped clarify the limits – some of them unexpected - to the Scottish Parliament's legislative competence, including the pivotal question of its inability to legislate for a second independence referendum without the sanction of the UK Parliament. Following the UK's withdrawal from the EU, the standalone European dimension chapter from the first edition has been removed, sharpening the book's focus on the two dimensions that now define Scotland's constitutional framework: the Scottish dimension, which remains the principal focus throughout, and the UK dimension, treated in its traditional place following the Scottish material.

Reflecting the author's commitment to currency and accuracy, publication of this edition was deliberately held back to allow full account to be taken of the outcome of the Scottish Parliament election in May 2026, with the text stating the position as at 1 June 2026. The result is an essential, up-to-the-minute reference for scholars, practitioners, students, and anyone seeking to understand the evolving legal and political architecture of devolved Scotland within the United Kingdom.

• New coverage of the Scotland Act 2016 - this edition fully incorporates the Scotland Act 2016, which gave effect to the cross-party Smith Commission agreement reached following the 2014 referendum. For readers of the first edition (published shortly after the referendum), this closes a significant gap, since the devolution settlement itself has materially changed since the original text was written.
• Analysis of Brexit's constitutional impact - the book addresses the 2016 EU referendum, the unexpected outcome of which did much to reignite the debate over Scotland's constitutional future. This is critical context no first-edition reader would have, as it reshapes the entire backdrop against which Scotland's constitutional arrangements now operate.
• New Supreme Court case law on devolved competence - The edition incorporates the Supreme Court jurisprudence which has helped clarify the limits – some of them unexpected - to the Scottish Parliament's legislative competence, including its inability to legislate for a second independence referendum without the sanction of the UK Parliament. This is likely the single most consequential legal update, resolving questions the first edition could not have answered.
• Structural change: removal of the European Dimension chapter - as a direct consequence of Brexit, the original chapter 20 (The European Dimension) from the text has been removed entirely, leaving the UK dimension as the only other dimension of Scotland's constitutional arrangements. This isn't a minor edit — it fundamentally reframes the book's structure around two dimensions (Scottish and UK) rather than three.
• Fully current to include the 2026 Holyrood election - account has been taken of the outcome of the Scottish Parliament election in May 2026, with the author endeavouring to state the position as at 1 June 2026. This makes the second edition genuinely current, offering readers the most up-to-date legal and political picture available.