The Scottish Independence Referendum in an International Context

2014 ◽  
Vol 51 ◽  
pp. 259-288
Author(s):  
Jure Vidmar
Keyword(s):  
Prima Facie ◽  
The European Union ◽  
Independent State ◽  
International Context ◽  
Minimum Requirement ◽  
Eu Membership ◽  
Scottish Independence ◽  
The Uk ◽  
Near Future ◽  
The Eu

Summary There are no universally applicable procedural standards under international law for independence referenda. However, in contemporary comparative practice, a minimum requirement has emerged for clarity of both the winning majority and the referendum question. This article demonstrates that Scotland could become an independent state with the lowest popular support in recent international practice, yet this outcome would not compromise the legitimacy of the vote. Even the referendum question is an exemplar of textual clarity. However, the possibility of a referendum on the United Kingdom’s (UK) exit from the European Union (EU) complicates the matter. The author argues that, with independence, Scotland would, prima facie, also exit the EU, unless negotiated otherwise. However, with a potential referendum on the UK’s EU membership on the horizon, Scots do not know whether a vote to remain within the UK is also a vote to remain within the EU. Given the complexity and significance of the EU legal order, Scots have a right to know whether, at least in the near future, the alternative to independence is the UK within or outside the EU. If the two referenda fall too close to each other, the clarity of the Scottish independence referendum could be unduly compromised.

Between Two Unions

2021 ◽  
pp. 86-106
Author(s):  
Michael Keating
Keyword(s):  
Northern Ireland ◽  
Market Integration ◽  
Internal Market ◽  
External Support ◽  
The European Union ◽  
The United Kingdom ◽  
Eu Membership ◽  
Scottish Independence ◽  
The Uk ◽  
The Eu

The devolution settlement of 1999 was introduced during UK membership of the European Union. The EU provided an external support system for it. Ideas of shared and divided sovereignty, on which the EU is (for many) based, complement similar interpretations of the United Kingdom as a union rather than a nation state. Like the UK, the EU has no fixed demos, telos, ethos or agreed locus of sovereignty; these are, rather, contested. The EU also provided for market integration through the internal market, obviating the need for internal market provisions in the devolution settlement. EU membership for both the UK and Ireland meant that the physical border could be dismantled. UK withdrawal from the EU therefore destabilizes the settlement, especially given the Remain majorities in Scotland and Northern Ireland. This has revived demands for Scottish independence and Irish reunification. There is a protocol allowing Northern Ireland to remain within the regulatory ambit of both the UK and the EU. A demand for similar provisions for Scotland was refused.

The EU during Brexit

2020 ◽  
pp. 9-34
Author(s):  
Federico Fabbrini
Keyword(s):  
European Union ◽  
The European Union ◽  
Military Cooperation ◽  
Member States ◽  
Decision To Leave ◽  
Policy Initiatives ◽  
Eu Membership ◽  
The Future ◽  
The Uk ◽  
The Eu

This chapter analyses the European Union during Brexit, explaining how the EU institutions and Member States reacted to the UK’s decision to leave the EU. It outlines how they went about this in the course of the withdrawal negotiations. The EU institutions and Member States managed to adopt a very united stance vis-à-vis a withdrawing state, establishing effective institutional mechanisms and succeeding in imposing their strategic preferences in the negotiations with the UK. Nevertheless, the EU was also absorbed during Brexit by internal preparations to face both the scenario of a ‘hard Brexit’—the UK leaving the EU with no deal—and of a ‘no Brexit’—with the UK subsequently delaying exit and extending its EU membership. Finally, during Brexit the EU increasingly started working as a union of 27 Member States—the EU27—which in this format opened a debate on the future of Europe and developed new policy initiatives, especially in the field of defence and military cooperation.

9. The European Union and Brexit

Public Law ◽  
2020 ◽  
pp. 355-396
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
European Union ◽  
Legal System ◽  
Lessons Learned ◽  
Eu Law ◽  
The European Union ◽  
Eu Membership ◽  
Parliamentary Sovereignty ◽  
The Uk ◽  
The Eu

This chapter focuses on the constitutional implications of the UK’s membership of the European Union and the constitutional implications of its exit from the EU (or ‘Brexit’). The chapter examines how EU law was accommodated within the UK legal system during the period of the UK’s membership of the EU, and in particular considers the consequences of the primacy of EU law for the doctrine of parliamentary sovereignty. The chapter also considers the extent to which lessons learned about the UK constitution as a result of EU membership will remain relevant now that the UK has left the EU.

Chinese Curses, Lawyers’ Dreams, Political Nightmares and New Dawns: Interesting Times for the UK’s Relationship with the EU

2013 ◽  
Vol 15 ◽  
pp. 83-99 ◽  
Author(s):  
Nicholas Forwood
Keyword(s):  
European Union ◽  
Member State ◽  
The European Union ◽  
Judicial Cooperation ◽  
Opt Out ◽  
Scottish Independence ◽  
The Uk ◽  
Criminal Matters ◽  
The Eu ◽  
End Results

AbstractThis chapter aims to explore some challenges that are likely to arise in the context of the UK’s present and future relationships with the EU. Three aspects come under scrutiny, namely the global opt-out available for the UK in the field of police and judicial cooperation in criminal matters (Protocol 36 to the Treaty on the Functioning of the European Union (TFEU)), the 2014 referendum on Scottish independence and the contemplated 2017 referendum on whether the UK should remain an EU Member State. The chapter stresses not only the importance of restoring objectivity in the debates surrounding these issues, but also the necessity of taking due account of the uncertainties that these processes unavoidably entail as to their end results for both the UK and Scotland.

EU-UK deal allows Cameron to campaign against Brexit

2016 ◽  
Keyword(s):  
United Kingdom ◽  
Prime Minister ◽  
Transition Period ◽  
David Cameron ◽  
Content Type ◽  
The United Kingdom ◽  
Eu Membership ◽  
Scottish Independence ◽  
The Uk ◽  
The Eu

Subject The package of reforms on a new EU-UK relationship. Significance The agreement between the United Kingdom and its EU partners sets the stage for the UK referendum on EU membership, which Prime Minister David Cameron has set for June 23. Cameron said he had negotiated new terms that would allow the United Kingdom to remain in the EU. Impacts The deal bolsters the campaign to remain in the EU, but the referendum outcome is still highly uncertain. The deal will only come into effect if the outcome is for remaining, forestalling a second referendum for better terms. If the outcome is for leaving, a new relationship with the EU would have to be negotiated during a two-year transition period. It would also probably lead to a second Scottish independence referendum and UK break-up.

Chinese Curses, Lawyers’ Dreams, Political Nightmares and New Dawns: Interesting Times for the UK’s Relationship with the EU

2013 ◽  
Vol 15 ◽  
pp. 83-99
Author(s):  
Nicholas Forwood
Keyword(s):  
European Union ◽  
Member State ◽  
The European Union ◽  
Judicial Cooperation ◽  
Opt Out ◽  
Scottish Independence ◽  
The Uk ◽  
Criminal Matters ◽  
The Eu ◽  
End Results

Abstract This chapter aims to explore some challenges that are likely to arise in the context of the UK’s present and future relationships with the EU. Three aspects come under scrutiny, namely the global opt-out available for the UK in the field of police and judicial cooperation in criminal matters (Protocol 36 to the Treaty on the Functioning of the European Union (TFEU)), the 2014 referendum on Scottish independence and the contemplated 2017 referendum on whether the UK should remain an EU Member State. The chapter stresses not only the importance of restoring objectivity in the debates surrounding these issues, but also the necessity of taking due account of the uncertainties that these processes unavoidably entail as to their end results for both the UK and Scotland.

5. Parliamentary sovereignty, the European Union, and Brexit

Public Law ◽  
2020 ◽  
pp. 154-202
Author(s):  
John Stanton ◽  
Craig Prescott
Keyword(s):  
European Union ◽  
Legal System ◽  
Working Relationship ◽  
Eu Law ◽  
The European Union ◽  
Political Landscape ◽  
Eu Membership ◽  
Parliamentary Sovereignty ◽  
The Uk ◽  
The Eu

This chapter explains the process and significance of the UK’s membership in the EU and sets out the authorities underpinning the supremacy of EU law, accepted and established prior to the UK’s accession. It then explores cases—from the early 1970s to the present day—which consider the ways in which EU membership has impacted on Parliament’s sovereignty. Following this, the chapter explores the legal and political landscape of the UK’s departure from the EU. It considers the process through which Brexit is happening and the manner in which the constitution will provide the foundation for a working relationship with the EU in the future and establish a stable legal system in the UK post-Brexit, looking particularly at the European Union (Withdrawal) Act 2018 and the European Union (Withdrawal Agreement) Act 2020.

5. Parliamentary sovereignty, the European Union, and Brexit

Public Law ◽  
2018 ◽  
Author(s):  
John Stanton ◽  
Craig Prescott
Keyword(s):  
European Union ◽  
White Paper ◽  
Stable System ◽  
Working Relationship ◽  
The European Union ◽  
Political Landscape ◽  
Eu Membership ◽  
Parliamentary Sovereignty ◽  
The Uk ◽  
The Eu

This chapter explains the process and significance of the UK's membership in the EU and sets out the authorities underpinning the supremacy of EU law, accepted and established prior to the UK's accession. It then explores cases — from the early 1970s to the present day — which consider the ways in which EU membership has impacted on Parliament's sovereignty. Following this, the chapter explores the legal and political landscape of the UK's departure from the EU. It considers the process through which Brexit is happening and the manner in which the constitution will provide the foundation for a working relationship with the EU in the future and establish a stable system in the UK post-Brexit, looking particularly at the European Union (Withdrawal) Bill and its underpinning White Paper.

scholarly journals Brexit and new perspectives of an unconventional way of Eurozone revival

2019 ◽  
Vol 8 (3) ◽  
pp. 5-20 ◽  
Author(s):  
Nikolaos A. Kyriazis ◽  
Emmanouil M. L. Economou
Keyword(s):  
Monetary Policy ◽  
Unconventional Monetary Policy ◽  
The European Union ◽  
Pros And Cons ◽  
The Uk ◽  
Near Future ◽  
New Phase ◽  
British People ◽  
The Eu ◽  
Made In

Abstract In the aftermath of the UK referendum on June 23rd, 2016 that resulted in a sonorous negative decision regarding the willingness of the British people to remain in the EU, a significant number of alarming questions have emerged. Although Europe should have forged in crises, nowadays, many compromises have to be made in order to maintain the European construction as intact as possible. The question we attempt to answer is whether a new phase of unconventional monetary policy in the form of QE would be appropriate to lessen the threat of an upcoming crisis. This is why we examine Eurozone QE perspectives through the prism of the new EU era without the UK in order to highlight the pros and cons of the historical Brexit decision. As new rounds of unconventional monetary policy are believed to be essential for supporting the weaker countries in the European south, perspectives of non-conventional success could alter and optimal policies be substantially reformulated subject to the newly-arising constraints. Based on the main scenarios about the UK’s relations to the European Union in the near future, we estimate how a new round of non-conventional measures could affect the Britons as well as the European citizens. Moreover, we try to assess the viability of each of these outcomes through the spectrum of a monetary-driven decision-making.

8. Membership of the European Union

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
European Union ◽  
The European Union ◽  
Eu Membership ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Parliamentary Supremacy ◽  
The Uk ◽  
The Impact ◽  
The Eu

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter, which provides an overview of the relationship between the European Union and the UK, and the impact of this relationship on Parliament’s legislative supremacy, begins by considering the nature of the EU and the sources of EU law. It then examines how EU membership affects the UK legal order, and its implications for parliamentary supremacy, and also discusses what the reform of the EU means for parliamentary supremacy. It considers, briefly, the impact of different Brexit options on the UK’s constitutional framework.

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