Main topic

ARTICLES

POTENTIAL CONSTITUTIONAL DESIGNS FOR AN INDEPENDENT SCOTLAND

Abstract

In 2014 the Scots voted by a small margin against the proposal that their country should become independent from the United Kingdom. However, in 2016 British citizens chose, again with a knife-edge majority of votes, that the United Kingdom should leave the European Union. Motivated by this fact and backed by continuous voters’ support expressed in regional and national elections, Scottish political elite has been for many years expressing the ambition to demand a second referendum for independence. In case that another noteworthy occasion for establishing an independent Scottish state arrives in the near future, answering the question regarding its plausible constitutional foundations gains noteworthy value. Some of the responses to this question are contained in earlier proposals for a written constitution for Scotland, but many other had already been established in 1997 by the devolved institutions in that part of the United Kingdom. They are recognized as well-grounded to be transferred into the constitutional structure that a new independent state at the north of the British Isle adopt. Potential constitutional foundations for Scotland are not shallow. They have been developing for more than half a century and could readily be put in place if Scotland gains independence. In this article available models for the constitutional arrangements for an independent Scotland are analyzed, coupled with the principles on which the new state would be based on, and proposed institutional frameworks for an independent Scotland are outlined.

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References

    Bulmer, Elliot W. 2011. An Analysis of the Scottish National Party’s Draft Constitution for Scotland. Parliamentary Affairs, 64(4), 20, pp. 674-693

    Devine, Karen. 2008. Stretching the IR theoretical spectrum of debate on Irish neutrality: arguments and evidence in favor of a critical social constructivist framework of understanding, International Political Science Review. 29(4), pp. 1-33

    Eatwell, Roger. 1997. “Britain.” In Roger Ealwell (ed.) European Political Cultures: Conflict or Convergence? (pp. 50 – 68). London, New York: Routledge

    Holehouse, Matthew. 2023. “You take the high road”, The Economist, pp. 39-40

    MacCormick, Neil. 2000. Is There a Constitutional Path to Scottish Independence? Parliamentary Affairs, 53(4), pp. 721-736

    McInnes, Roderick, Ayres, Steven & Hawkins, Oliver. 2014. Scottish Independence Referendum 2014: Analysis of results. House of Commons Library. https://researchbriefings.files.parliament.uk/documents/RP14-50/ RP14-50.pdf (06.06.2024.)

    Mény, Yves & Knapp, Andrew. 1998. Government and Politics in Western Europe: Britain, France, Italy, Germany, 3rd Edition. Oxford: Oxford University Press

    Petrov, Vladan. 2007. Engleski ustav. Beograd: Pravni fakultet Univerziteta u Beogradu i Službeni glasnik

    Radomska, Ewa. 2019. Scotland’s Independence Movements -The Main Challenges in the Economic Sphere in the Aspect of Potential Separation of Scotland from the United Kingdom. EU and Comparative Law Issues and Challenges Series, 3(1), pp. 39-60

    Sturgeon, Nicola. 2023. “It’s time for Scotland to break free”, The Economist, p. 43

    The Scottish Government. 2013. Scotland’s Future: Your Guide to an In-dependent Scotland, Edinburgh: The Scottish Government.

    INTERNET SOURCES

    Bulmer, Elliot W. 2020. “A Scottish constitution: should it be devised before or after independence?” The Constitution Unit Blog. https://constitution-unit.com/2020/11/20/why-an-independent-scotland-should-devise-its-consitution-before-it-leaves-the-uk/ (18.03.2024.)

    Constitution for Scotland, Constitution for Scotland, https://constitutionforscotland.scot/constitution/ (13.03.2024.)

    McCorkindale, Chriss & McHarg, Aileen. 2020. “Constitutional Pathways to a Second Scottish Independence Referendum.” UK Constitutional Law
    Association. https://ukconstitutionallaw.org/2020/01/13/chris-mccorkindale-and-aileen-mcharg-constitutional-pathways-to-a-second-scottish-independence-referendum/ (12.02.2024.)

    McHarg, Aileen. 2014. “Analysis: A Constitution for an Independent Scotland.” Centre on Constitutional Change. https://www.centreonconstitutionalchange.ac.uk/opinions/analysis-constitution-independent-scotland
    (28.02.2024.)

    Scotland Act. 1998. https://www.legislation.gov.uk/ukpga/1998/46/contents,(06.06.2024.)

    The Scottish Government, “Building a New Scotland: Creating a modern constitution for an independent Scotland”. https://www.gov.scot/publications/building-new-scotland-creating-modern-constitution-independent-scotland/
    pages/3/ (20.02.2024.)

    The Scottish Government. “Scotland’s right to choose: putting Scotland’s future in Scotland’s hands”. www.gov.scot/publications/scotlands-right-choose-putting-scotlands-future-scotlands-hands/ (16.03.2024).

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