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HL 188 - Scottish Independence: Constitutional Implications of the Referendum

Author: Great Britain: Parliament: House of Lords: Select Committee on the Constitution

Publisher: The Stationery Office

Published: 2014-05-16

Total Pages: 44

ISBN-13: 0108554562

In the event of a 'yes' vote in the Scottish independence referendum, MPs for Scottish constituencies, including ministers, should retain their seats in the House of Commons until the day of independence itself. However, they should not negotiate for the rest of the UK on the terms of independence, scrutinise the UK's negotiating team nor ratify a resulting agreement, as their first duty would be to their Scottish constituents rather than the interests of the rest of the UK. The Constitution Committee also says that the wider status of MPs for Scottish constituencies, in terms of their ability to take part in other Commons proceedings not relevant to Scotland, would have to be decided before the 2015 general election if there were a 'yes' vote on 18 September. The Committee concludes that in the event of Scottish independence the remainder of the UK would be the 'continuator' state and so retain its current international status and treaty obligations, as well as UK institutions such as the BBC and the Bank of England. Scotland would become a new 'successor' state and would not have any automatic claim on those institutions. There would be no constitutional or legal requirement for the UK Government to adhere to the Scottish Government's proposed timetable for full independence by March 2016 and that they should not do so if that would undermine the interests of the rest of the UK.

The Scottish Independence Referendum

Author: Aileen McHarg

Publisher: Oxford University Press

Published: 2016-06-30

Total Pages: 385

ISBN-13: 0191072028

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The September 2014 Scottish independence referendum was an event of profound constitutional and political significance, not only for Scotland, but for the UK as a whole. Although Scottish voters chose to remain in the UK, the experience of the referendum and the subsequent political reaction to the 'No' vote that triggered significant reforms to the devolution settlement have fundamentally altered Scotland's position within the Union. The extraordinary success of the Scottish National Party at the 2015 General Election also indicates that the territorial dimension to UK constitutional politics is more prominent than ever, destabilising key assumptions about the location and exercise of constitutional authority within the UK. The political and constitutional implications of the referendum are still unfolding, and it is by no means certain that the Union will survive. Providing a systematic and academic analysis of the referendum and its aftermath, this interdisciplinary edited collection brings together public lawyers, political scientists, economists, and historians in an effort to look both backwards to, and forwards from, the referendum. The chapters evaluate the historical events leading up to the referendum, the referendum process, and the key issues arising from the referendum debate. They also explore the implications of the referendum both for the future governance of Scotland and for the UK's territorial constitution, drawing on comparative experience in order to understand how the constitution may evolve, and how the independence debate may play out in future.

The Changing Constitution

Author: Jeffrey L. Jowell

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 451

ISBN-13: 019870982X

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Since its first edition in 1985, The Changing Constitution has cemented its reputation for providing concise, scholarly and thought-provoking essays on the key issues surrounding the UK's constitutional development, and the current debates around reform. The eight edition of this highly successful volume is published at a time of accelerated constitutional change. This collection of essays brings together fourteen expert contributors to offer an invaluable source of material and analysis for all students of constitutional law and politics. Online Resource Centre This book is accompanied by an Online Resource Centre which includes updates on key developments, a 'library' of web links, and a timeline of key dates in British legal and political history.

Scotland Analysis

Author: Great Britain: Scotland Office

Publisher: The Stationery Office

Published: 2013-02-11

Total Pages: 114

ISBN-13: 9780101855426

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The UK Government is undertaking a major cross-government programme of analysis prior to the referendum on Scottish independence in 2014. The aim is to provide a comprehensive and detailed analysis of Scotland's place in the UK. This paper, the first of a series to be published in 2013 and 2014, examines the UK's constitutional set-up and the legal implications of independence. The UK Government is convinced that the current devolution offers the best for Scotland: the Scottish Parliament and Government are empowered to take decisions on a range of domestic policy areas - such as health, education, policing - while Scotland continues to benefit from decisions made for the UK as a whole - defence and security, foreign representation, economic affairs. Independence is very different to devolution. Based on independent expert opinion (published as Annex A), the paper concludes that if there were to be a vote in favour of leaving the UK, Scotland would become an entirely new state whilst the remainder of the UK would continue as before, retaining the rights and obligations of the UK as it currently stands. Any separation would have to be negotiated between both governments. Legal and practical implications of independence, both at home and abroad, are addressed. An independent Scotland would have to apply to and/or negotiate to become a member of whichever international organisations it wished to join, including the EU and NATO. Scotland would also have to work through its positions on thousands of international treaties to which the UK is currently party.

Subsidiarity and EU Multilevel Governance

Author: Serafín Pazos-Vidal

Publisher: Routledge

Published: 2019-02-25

Total Pages: 325

ISBN-13: 0429842511

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This book examines the theory and praxis of the legal concept of subsidiarity and the policy paradigm of multilevel governance, providing an updated overview on how subnational and national authorities engage within the EU institutional framework. Providing a theoretical assessment of real-life case studies, the book reflects on a number of key events from the negotiations of the European Convention to the process that led to the "Brexit" referendum and assesses the key agendas and institutional ethos of most actors involved in EU policymaking. It particularly focusses on the EU engagement of so-called non-privileged actors, such as subnational authorities from the UK, Germany, Austria, Italy, the Netherlands and Scandinavia, as well as national and regional parliaments. The author goes on to examine the sometimes selfish behaviour and individual agendas of the European Commission, European Parliament, Member States and even the European Court of Justice but also identifies many constructive ways of interaction that can decisively frame how EU decisions are made. This comprehensive book will be a useful reference to students, practitioners and academic researchers working in European politics, policymaking, public policy and EU law and integration.

Scotland's Constitution: Law and Practice

Author: Chris Himsworth

Publisher: Bloomsbury Publishing

Published: 2021-03-10

Total Pages: 687

ISBN-13: 1526509563

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A clear, comprehensive account of Scottish constitutional law within its UK and European context. It describes and analyses constitutional arrangements while integrating that analysis with a general background to constitutional law and the UK institutions which have a continuing relevance for the government of Scotland. This highly regarded text considers law-making powers for Scotland, the legislative process at Westminster and at Holyrood, the accountability and scrutiny of government, the independence of the judiciary and the role of the courts in interpreting and adjudicating upon constitutional and administrative law questions. The fourth edition has been fully updated throughout and includes: · An update on the Scottish devolution settlement, including the changes made by the Scotland Act 2016 in the field of social security. · A new chapter covering the Brexit referendum, the withdrawal negotiations between the UK and the EU and Brexit litigation - with a particular focus on Brexit's impact on Scottish constitutional arrangements. · Coverage of new case law since the last edition in the area of judicial review and specifically on devolution.

Reinventing Britain

Author: Andrew McDonald

Publisher: Univ of California Press

Published: 2007-10-30

Total Pages: 272

ISBN-13: 0520098625

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"First [originally] published in Great Britain in 2007 by Politico's Publishing ..."--Title page verso.

The Scottish Political System Since Devolution

Author: Paul Cairney

Publisher:

Published: 2011

Total Pages: 0

ISBN-13: 9781845402020

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It outlines the relative effect of each government on Scottish politics and public policy in various contexts, including: high expectations for 'new politics' that were never fully realised; the influence of, and reactions from, the media and public; the role of political parties; the Scottish Government's relations with the UK Government, ELI institutions, local government, quasi-governmental and non-governmental actors; and, the finance available to fund policy initiatives. It then considers how far Scotland has travelled on the road to constitutional change, comparing the original devolved framework with-calls for independence or a new devolution settlement.