Brexit and Scotland
| Author | Aileen McHarg,James Mitchell |
| Published date | 01 August 2017 |
| Date | 01 August 2017 |
| DOI | http://doi.org/10.1177/1369148117711674 |
| Subject Matter | Special Issue Articles - Part One |
https://doi.org/10.1177/1369148117711674
The British Journal of Politics and
International Relations
2017, Vol. 19(3) 512 –526
© The Author(s) 2017
Reprints and permissions:
sagepub.co.uk/journalsPermissions.nav
DOI: 10.1177/1369148117711674
journals.sagepub.com/home/bpi
Brexit and Scotland
Aileen McHarg1 and James Mitchell2
Abstract
In the 2016 Brexit referendum, Scotland voted decisively to Remain in the EU, while a UK-wide majority
voted to Leave. This article discusses responses to the constitutional significance of a territorially
divided result, both prior to and following the referendum, including in litigation over the ‘constitutional
requirements’ necessary to trigger the United Kingdom’s withdrawal from the EU under Article 50
TEU (R (Miller) v Secretary of State for Exiting the European Union). It considers what these debates reveal
about the uncertain and contested nature of the UK’s territorial constitution, focusing on issues of
constitutional security for devolved institutions and competences, and constitutional voice for the
devolved territories in handling issues of intertwined competence. It argues that the Brexit episode
reveals major weaknesses in the dominant reliance on political mechanisms to give recognition to the
constitutional significance of devolution, which do not adequately displace continued legal adherence
to the assumptions of a unitary constitution.
Keywords
Brexit, Miller case, Scotland, Sewel Convention, territorial constitution
Introduction
A striking contrast between the 1975 referendum on the United Kingdom’s (UK) contin-
ued membership of the (then) European Economic Community (EEC) and the 2016
European Union (EU) referendum—in addition to their differing outcomes—is the sig-
nificance of territorial divergence. In 1975, although different results in the various parts
of the United Kingdom had certainly been anticipated, in the event all four nations
produced Yes majorities.
1Law School, University of Strathclyde, Glasgow, UK
2School of Social and Political Science, The University of Edinburgh, Edinburgh, UK
Corresponding author:
Aileen McHarg, Law School, University of Strathclyde, Lord Hope Building, 141 St James Road, Glasgow,
G4 0LT, UK.
Email: aileen.mcharg@strath.ac.uk
711674BPI0010.1177/1369148117711674The British Journal of Politics and International RelationsMcHarg and Mitchell
research-article2017
Special Issue Article
Result of the 1975 EC referendum.
Yes (%) No (%) Turnout (%)
UK 67.2 32.8 64.0
England 68.7 31.3 64.6
Scotland 58.4 41.6 61.7
Wales 64.8 35.2 66.7
Northern Ireland 52.1 47.9 47.5
To continue reading
Request your trial