5 Scotland, Devolution and Independence: A Union at its Limits?
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Coree Brown Swan
Abstract
Devolution, endorsed by the Scottish electorate and delivered by the Labour government in 1999, was, in the words of George Robertson, the former Labour Shadow Secretary of State for Scotland, designed “to kill nationalism stone dead” (https://www.scotsman.com/news/scottish-news/scottish-parliament-20-why-devolution-failed-kill-nationalism-stone-dead-1418095; https://www.bbc.co.uk/news/uk-scotland-31129382). However, at the time of writing, more than two decades after the first elections to the Scottish Parliament, Scottish nationalism remains a potent force, and broader questions about the UK’s constitutional arrangements and the future of the Union remain salient. At a fundamental level, these debates speak to the understanding of power in the UK’s constitutional arrangements. Is power to be fiercely guarded at Westminster or is it to be dispersed throughout the UK? Does sovereignty sit with Parliament or with the people? These questions underpin the debates over devolution and independence, and it is not wholly clear whether the UK can accommodate these differing understandings, raising the question of whether the its famed flexibility has, at last, reached its limits.
Abstract
Devolution, endorsed by the Scottish electorate and delivered by the Labour government in 1999, was, in the words of George Robertson, the former Labour Shadow Secretary of State for Scotland, designed “to kill nationalism stone dead” (https://www.scotsman.com/news/scottish-news/scottish-parliament-20-why-devolution-failed-kill-nationalism-stone-dead-1418095; https://www.bbc.co.uk/news/uk-scotland-31129382). However, at the time of writing, more than two decades after the first elections to the Scottish Parliament, Scottish nationalism remains a potent force, and broader questions about the UK’s constitutional arrangements and the future of the Union remain salient. At a fundamental level, these debates speak to the understanding of power in the UK’s constitutional arrangements. Is power to be fiercely guarded at Westminster or is it to be dispersed throughout the UK? Does sovereignty sit with Parliament or with the people? These questions underpin the debates over devolution and independence, and it is not wholly clear whether the UK can accommodate these differing understandings, raising the question of whether the its famed flexibility has, at last, reached its limits.
Chapters in this book
- Front Matter i
- Contents v
- Table of Cases, Statutes, Statutory Instruments and Other Jurisdictions ix
- Notes on Contributors xiv
- Series Editors’ Preface xv
- Introduction 1
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Constitutional Structures and Concepts
- The Rule of Law and Racial Difference in the British Empire 15
- Parliamentary Supremacy and the People 35
- Strong Executive, Weak Parliament? 53
- Legislating for Seismic Events: An Examination of the Role of Delegated Legislation 71
- Scotland, Devolution and Independence: A Union at its Limits? 91
- Diverse Voices in the Judiciary 119
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The Individual and the State
- The Begum Case, Discretion and Parliamentary Sovereignty: Unmaking the Constitutional Subject 143
- Racialisation in UK Counterterrorism Law and Policy 163
- Racism, Law and the Police: Over 50 Years of Anti-discrimination Law and Policing 185
- The Administration of Social Security Benefits: Gendered Implications 205
- Administrative Violence: First-Instance Decision Making in Sexual Diversity Asylum Claims 223
- A More Diverse Public Law: Suggested Further Reading 243
- Index 247
Chapters in this book
- Front Matter i
- Contents v
- Table of Cases, Statutes, Statutory Instruments and Other Jurisdictions ix
- Notes on Contributors xiv
- Series Editors’ Preface xv
- Introduction 1
-
Constitutional Structures and Concepts
- The Rule of Law and Racial Difference in the British Empire 15
- Parliamentary Supremacy and the People 35
- Strong Executive, Weak Parliament? 53
- Legislating for Seismic Events: An Examination of the Role of Delegated Legislation 71
- Scotland, Devolution and Independence: A Union at its Limits? 91
- Diverse Voices in the Judiciary 119
-
The Individual and the State
- The Begum Case, Discretion and Parliamentary Sovereignty: Unmaking the Constitutional Subject 143
- Racialisation in UK Counterterrorism Law and Policy 163
- Racism, Law and the Police: Over 50 Years of Anti-discrimination Law and Policing 185
- The Administration of Social Security Benefits: Gendered Implications 205
- Administrative Violence: First-Instance Decision Making in Sexual Diversity Asylum Claims 223
- A More Diverse Public Law: Suggested Further Reading 243
- Index 247
