Abstract
Scotland’s position within the United Kingdom is contested, especially since devolution in 1999. For some, the UK remains a unitary state, which has lent powers to Scotland. For others, it is a plurinational union in which sovereignty is divided. Membership of the European Union was an essential support system for devolution, which allowed these foundational questions to remain in abeyance. UK withdrawal from the EU places great strains on the UK union. Scottish independence has been on the political agenda since the 1970s and a major issue in the 2000s but it has been defined in different ways. The 2014 independence referendum was about independence in Europe but Brexit has changed this context. As Scotland voted to remain in the EU, support for independence has grown, but so have the practical difficulties. Brexit has been followed by a recentralization of the UK state and a undermining of devolution.
Similar content being viewed by others
References
Arden, Mary. 2015. Common Law and Modern Society. Oxford: Oxford University Press.
Baldersheim, Harald, and Michael Keating, eds. 2015. Small states in the modern world. Vulnerabilities and opportunities. Cheltenham: Edward Elgar.
Bond, Ross. 2015. National identities and the 2014 independence referendum in Scotland. Sociological Research Online, 20 (4): 11. http://www.socresonline.org.uk/20/4/11.html
Brouillet, Eugénie, and Tom Mullen. 2018. Constitutional jurisprudence on federalism and devolution in the UK and Canada. In Constitutional politics and the territorial question in Canada and the United Kingdom. Federalism and devolution compared, ed. Michael Keating and Guy Laforest. London, Palgrave.
Brown Swan, Coree. 2020. The independence question. In The Oxford handbook of Scottish politics, ed. Michael Keating. Oxford, UK: Oxford University Press.
Claim of Right. 1988. The crown and the unicorn. https://thecrownandtheunicorn.wordpress.com/the-claim-of-right-1989
Commission on Scottish Devolution (Calman Commission). 2008. The future of Scottish devolution within the Union: A first report. Presented to the Presiding Officer of the Scottish Parliament and to the Secretary of State for Scotland, on behalf of Her Majesty’s Government.
Constitution Reform Group. 2018. Act of Union Bill. https://www.constitutionreformgroup.co.uk/the-herald-new-act-of-union-bill-published/
Hansard, Vol. 644, 04-07-18.
Hope, Lord. 2012. in BH (AP and Another) v Lord Advocate (Scotland) UKSC 24.
Jackson, Alvin. 2018. The failure of British and Irish federalism, circa 1800–1950. In The United Kingdom and the federal idea, ed. Robert Schütze and Stephen Tierney. Oxford, UK: Hart.
Keating, Michael. 1988. State and regional nationalism. Territorial politics and the European state. Brighton: Wheatsheaf.
———. 2001. Plurinational democracy. Stateless nations in a post-sovereignty era. Oxford, UK: Oxford University Press.
———. 2009. The independence of Scotland. Self-government and the shifting politics of union. Oxford, UK: Oxford University Press.
Keating, Michael, and Malcolm Harvey. 2014. Small nations in a big world. What Scotland can learn. Edinburgh: Luath.
Keating, Michael, and Nicola McEwen. 2017. The Scottish independence debate. In Debating Scotland: Issues of independence and union in the 2014 referendum, ed. Michael Keating. Oxford, UK: Oxford University Press.
Kendle, John. 1997. Federal Britain. A history. London: Routledge.
Liñeira, Robert, Ailsa Henderson, and Liam Delaney. 2017. Voters’ response to the campaign. In Debating Scotland. Issues of independence and union in the 2014 referendum, ed. Michael Keating. Oxford, UK: Oxford University Press.
MacCormick, Neil. 1999. Questioning Sovereignty. Law, State and Nation in the European Commonwealth. Oxford: Oxford University Press.
Major, John. 1993. “Foreword by the Prime Minister” in Secretary of State for Scotland. In Scotland in the Union: A partnership for good. Edinburgh: HMSO.
May, Theresa. 2017. Plan for Britain. The Prime Minister’s speech on Brexit. London: Prime Minister’s Office. https://www.gov.uk/government/speeches/the-governments-negotiating-objectives-for-exiting-the-eu-pm-speech
McCrone, David. 2017. The sociology of Scotland. London: Sage.
McCrone, D. 2019. What makes a European in Scotland? Scottish Affairs 28 (2): 228–243.
McCrone, David, and Frank Bechhofer. 2008. National identity and social inclusion. Ethnic and Racial Studies 31 (7): 1245–1266.
McCrone, David, and Michael Keating. 2021. Questions of sovereignty: Redefining politics in Scotland. The Political Quarterly. https://onlinelibrary.wiley.com/doi/epdf/10.1111/1467-923X.12958
McCrudden, Christopher, and Daniel Halberstam. 2018. Miller and Northern Ireland: A critical constitutional response. The UK Supreme Court yearbook, 8.
McHarg, Aileen. 2018. Navigating without maps: Constitutional silence and the management of the Brexit crisis. International Journal of Constitutional Law 16 (3): 95.
Mitchell, James. 2014. The Scottish question. Oxford, UK: Oxford University Press.
O’Neill, Aidan. 2017. ‘Miller, BrEXIT and BreUK-up,’ Counsel, March 2017.
Paterson, Lindsay. 1994. The autonomy of modern Scotland. Edinburgh: Edinburgh University Press.
Schertzer, Robert. 2016. The judicial role in a diverse federation. Lessons from the Supreme Court of Canada. Toronto: University of Toronto Press.
Scottish Government. 2016. Scotland’s place in Europe. Edinburgh: Scottish Government.
Scottish Parliament Official Report, 26-01-2012.
Steyn, Lord. 2005. House of Lords Judgments – Jackson and others (appellants) v Her Majesty’s Attorney General (respondent), UKHL 56.
Sustainable Growth Commission. 2018. Scotland. The new case for optimism. Sustainable Growth Commission. https://www.sustainablegrowthcommission.scot/report
Thatcher, Margaret. 1993. The downing street years. London: HarperCollins.
UK Supreme Court. 2017. Judgment (on the application of Miller and another) (respondents) vs. Secretary of State for exiting the European Union (appellant). Reference by the Attorney General for Northern Ireland in the matter of an application by Agnew and others for judicial review. Reference by the Court of appeal (Northern Ireland) – in the matter of an application by Raymond McCord for judicial review. UKSC 5 (2017).
———. 2019. Judgment (on the application of Miller) (appellant) v The Prime Minister (respondent). Cherry and others (respondents) v Advocate General for Scotland (appellant) (Scotland). UKSC 41 (2019).
Further Reading
———. 2021. State and nation in the United Kingdom: The fractured union. Oxford, UK: Oxford University Press.
Author information
Authors and Affiliations
Corresponding author
Editor information
Editors and Affiliations
Section Editor information
Rights and permissions
Copyright information
© 2023 Springer Nature Switzerland AG
About this entry
Cite this entry
Keating, M. (2023). Scotland’s Constitutional Odyssey. In: Cremades, J., Hermida, C. (eds) Encyclopedia of Contemporary Constitutionalism. Springer, Cham. https://doi.org/10.1007/978-3-319-31739-7_139-1
Download citation
DOI: https://doi.org/10.1007/978-3-319-31739-7_139-1
Received:
Accepted:
Published:
Publisher Name: Springer, Cham
Print ISBN: 978-3-319-31739-7
Online ISBN: 978-3-319-31739-7
eBook Packages: Springer Reference Law and CriminologyReference Module Humanities and Social SciencesReference Module Business, Economics and Social Sciences