Scotland's constitutional future
Scotland's constitutional future

Author: Great Britain: Scotland Office

Publisher: The Stationery Office

Published: 2012-01-10

Total Pages: 28

ISBN-13: 9780101820325

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This consultation document discusses how to deliver a referendum that is legal, fair and decisive. The Scottish Government is aware of the limits of its powers. It acknowledged those limits in 2007. Since the Scottish National Party's success in May 2011, the Scottish Government has provided no new explanation of how it would deliver its manifesto commitment to hold a referendum, despite the limits to its power. The UK Government has therefore considered the proposals put forward by the Scottish Government in February 2010 but those cannot be legally delivered by the Scottish Parliament. The UK Government does not believe that Scotland's constitutional future should be decided in court. The referendum must be legally watertight and that can only be provided by legislation involving the UK Parliament although this can be done in different ways. For the referendum to be fair as well as legal it should be overseen by those who have both the demonstrable neutrality and proven expertise. Finally, for the referendum to be also decisive, it is the UK Government's view that there must be a single, straightforward question; and that question must be asked as soon as possible

Scotland's constitutional future
Scotland's constitutional future

Author: Great Britain: Scotland Office

Publisher: The Stationery Office

Published: 2012-04-04

Total Pages: 32

ISBN-13: 9780101832625

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Dated April 2012. Summary of responses to Cm. 8203 (ISBN 9780101820325) which sought views on how to deliver a legal, fair and decisive referendum on whether Scotland should leave the United Kingdom

Publics, Elites and Constitutional Change in the UK
Publics, Elites and Constitutional Change in the UK

Author: Daniel Kenealy

Publisher: Springer

Published: 2017-07-04

Total Pages: 184

ISBN-13: 3319528181

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This book explores the governance of the UK, and the process of constitutional change, between Scotland’s independence referendum in September 2014 and the UK general election in May 2015. The book contrasts the attitudes of the public, captured through an original survey, with those of politicians, civil servants, and civic leaders, identified through over forty interviews. It pays particular attention to two case studies involving recent changes to the UK’s governing arrangements: the Smith Commission and the transfer of further powers to the Scottish Parliament, and Greater Manchester’s devolution deal that has become a model for devolution across England. It also considers the issue of lowering the voting age to 16, contrasting the political attitudes of younger voters in Scotland with those in the rest of the UK. The book will be of interest to students and scholars of UK politics, devolution, constitutional change, public attitudes, and territorial politics.

Story of the Scottish Parliament
Story of the Scottish Parliament

Author: Hassan Gerry Hassan

Publisher: Edinburgh University Press

Published: 2019-07-01

Total Pages: 345

ISBN-13: 1474454925

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Marking the first twenty years of the Scottish Parliament, this collection of essays assesses its impact on Scotland, the UK and Europe, and compares progress against pre-devolution hopes and expectations. Bringing together the voices of ministers and advisers, leading political scientists and historians, commentators, journalists and former civil servants, it builds an authoritative account of what the Scottish Parliament has made of devolution and an essential guide to the powers Holyrood may need for Scotland to flourish in an increasingly uncertain world.

The Scottish Independence Referendum
The Scottish Independence Referendum

Author: Aileen McHarg

Publisher: Oxford University Press

Published: 2016

Total Pages: 385

ISBN-13: 0198755511

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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.

Scotland Analysis
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.

The Scottish Political System Since Devolution
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.

Scotland's Constitution: Law and Practice
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.

The Oxford Handbook of Scottish Politics
The Oxford Handbook of Scottish Politics

Author: Michael Keating

Publisher: Oxford University Press

Published: 2020-08-21

Total Pages: 720

ISBN-13: 0192558706

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The Handbook of Scottish Politics provides a detailed overview of politics in Scotland, looking at areas such as elections and electoral behaviour, public policy, political parties, and Scotland's relationship with the EU and the wider world. The contributors to this volume are some of the leading experts on politics in Scotland.

The referendum on separation for Scotland
The referendum on separation for Scotland

Author: Great Britain: Parliament: House of Commons: Scottish Affairs Committee

Publisher: The Stationery Office

Published: 2012-05-08

Total Pages: 32

ISBN-13: 9780215044990

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This report considers whether the wording of the referendum question proposed by the Scottish Government is biased, and what should be done to ensure that a fair and clear question is put to the Scottish electorate. Based on the evidence, it is concluded that the question: Do you agree that Scotland should be an independent country? is biased. This is important because wording can affect the result of a referendum. This referendum must be, and be seen to be, fair and acceptable to those on both sides of the argument. It is essential that the result commands wide acceptance. It is now widely agreed that the Electoral Commission is the appropriate body to regulate a referendum and ensure that the wording of the question is clear and fair. This means an exhaustive process of testing of proposed words and how the options are put to the voters. This will take some time, and therefore it must be started soon. It need not wait until a referendum Bill is drafted but debate needs to move on to the policies and issues of separation. The best course is for the parties to agree jointly what question wordings should be put to the Commission. If a consensus cannot be reached, those parties who can agree should approach the Commission together. Our objective is that all can accept the advice of the Commission on a clear and neutral question, which can be incorporated into the legislative process from the very beginning.