The Scottish Independence Referendum

Constitutional and Political Implications

Author: Aileen McHarg,Tom Mullen,Alan Page

Publisher: Oxford University Press

ISBN: 0198755511

Category:

Page: 340

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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.
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Debating Scotland

Issues of Independence and Union in the 2014 Referendum

Author: Michael Keating

Publisher: Oxford University Press

ISBN: 0192507052

Category: Political Science

Page: 248

View: 2146

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On 18 September 2014, Scotland held a referendum on the question: Should Scotland be an independent country? This is a most unusual event in modern democracies and engaged the political class, civil society, and the general public to an unprecedented degree, leading to an 85 per cent turnout in the final vote. This was an occasion to debate not just the narrow constitutional issue but the future of the nation, including the economy, social welfare, defence and security, and Scotland's place in Europe and the world. Debating Scotland comes from a team of researchers who observed the debates from close-up and engaged with both sides, with the media and with the public in analyzing the issues, while remaining neutral on the independence question. The book examines the main issues at stake, how they were presented, and how they evolved over the course of the campaign. The editors and contributing authors explore the ways both independence and union were framed, the economic issues, the currency, welfare, defence and security, the European Union, and how the example of small independent states was used. The volume concludes with an analysis of voter responses, based upon original survey research, which demonstrates how perceptions of risk and uncertainty on the main issues played a key role in the outcome.
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The Canadian Contribution to a Comparative Law of Secession

Legacies of the Quebec Secession Reference

Author: Giacomo Delledonne,Giuseppe Martinico

Publisher: Springer

ISBN: 3030034690

Category: Political Science

Page: 286

View: 5977

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This edited collection gathers together Canadian and non-Canadian scholars to reflect on and celebrate the 20thanniversary of the Quebec Secession Reference, delivered by the Canadian Supreme Court in 1998. It opens withtwo Canadian scholars exchanging thoughts on the legacy of the reference from a domestic perspective as one ofthe most questioned decisions of the Canadian Supreme Court. To follow, non-Canadian scholars discuss theimpact of this reference abroad, reflecting upon its influence in European and non-European contexts (Spain,Scotland, the EU after Brexit, Eastern European Countries, Ethiopia, and Asia). Two final chapters, one by a lawyerand one by a political scientist, explore the democratic theory behind that reference.
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HL 188 - Scottish Independence: Constitutional Implications of the Referendum

House of Lords Paper 188 Session 2013-14

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

Publisher: The Stationery Office

ISBN: 0108554562

Category: Business & Economics

Page: 37

View: 500

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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.
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Sovereignty in Action

Author: Bas Leijssenaar,Neil Walker

Publisher: Cambridge University Press

ISBN: 1108483518

Category: History

Page: 242

View: 2055

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Sovereignty, originally the figure of 'sovereign', then the state, today meets new challenges of globalization and privatization of power.
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The Kingdom to Come

Thoughts on the Union before and after the Scottish Independence Referendum

Author: Peter Hennessy

Publisher: Haus Publishing

ISBN: 191037623X

Category: Political Science

Page: 198

View: 1986

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Despite the “No” vote in the Scottish Independence Referendum of September 2014, the issue of potential Scottish secession from the United Kingdom has likely only just begun. The Kingdom to Come is the first book-length look at the consequences and implications of this momentous event. Peter Hennessy discusses the run-up to the Scottish Independence Referendum and its immediate aftermath, as well as the constitutional issues the referendum opened for the entire United Kingdom. This book includes Hennessy’s personal impressions of recent questioning of the Acts of Union that created Great Britain and describes when he, as the top expert on Britain’s unwritten constitution, became an important voice in what might happen next. The Kingdom to Come also offers a valuable examination of the possible agenda for remaking the constitution in both the medium and long term.
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Scotland Analysis

Devolution and the Implications of Scottish Independence

Author: Great Britain: Scotland Office

Publisher: The Stationery Office

ISBN: 9780101855426

Category: Political Science

Page: 112

View: 8037

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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.
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HL 188 - Scottish Independence: Constitutional Implications of the Referendum

House of Lords Paper 188 Session 2013-14

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

Publisher: The Stationery Office

ISBN: 0108554562

Category: Business & Economics

Page: 37

View: 8842

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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.
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Agreement on a Referendum on Independence for Scotland

House of Lords Paper 62 Session 2012-13

Author: Stationery Office (U.k.)

Publisher: The Stationery Office

ISBN: 9780108476266

Category: Law

Page: 16

View: 2237

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This report finds that serious questions remain unanswered about the Agreement reached between the UK and Scottish Governments on the holding of a referendum on Scottish independence. The Agreement provides for power to hold a referendum on Scottish independence to be devolved to the Scottish Parliament. It proposes that this be done through a ministerial order under section 30 of the Scotland Act 1998; such a process would not require an Act of Parliament, and so limits the ability of MPs and peers to control the terms of the referendum. The Committee finds that neither the UK nor the Scottish Parliaments were given the opportunity to contribute directly to the Agreement negotiations. It questions whether a section 30 order would be robust enough to protect the decision to hold a referendum from legal challenge. Although such a challenge would be unlikely to succeed, it would delay the process and cause confusion. The Committee also finds that there may be legal and practical problems associated with the proposal to allow 16 and 17 year-olds to vote in a referendum. The Committee fears that, if the franchise is lowered, some 16 and 17 year-olds could be denied the right to vote because of inadequate process. The role of the Electoral Commission in important in ensuring that the referendum question is intelligible and neutral. Although the two Governments agreed on the advisory role of the Electoral Commission, the Committee thinks its advice is authoritative and should be followed.
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Devolution and Governance

Wales Between Capacity and Constraint

Author: Alistair Cole,Ian Stafford

Publisher: Springer

ISBN: 1137436719

Category: Social Science

Page: 162

View: 6804

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This book examines the development of Welsh devolution in the context of great economic and political uncertainty. Drawing on research carried out over more than a decade, it explores whether Welsh devolution has developed the capacity to resist internal and external pressures and to continue to pursue a distinctive political and policy agenda.
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