Building the ship in dry dock: The case for pre-independence constitution-building in Scotland
Date | 01 November 2020 |
DOI | 10.1177/0192512120957701 |
Author | W Elliot Bulmer |
Published date | 01 November 2020 |
Subject Matter | Special Issue Articles |
https://doi.org/10.1177/0192512120957701
International Political Science Review
2020, Vol. 41(5) 681 –694
© The Author(s) 2020
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DOI: 10.1177/0192512120957701
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Building the ship in dry dock:
The case for pre-independence
constitution-building in Scotland
W Elliot Bulmer
University of Dundee, UK
Abstract
For newly independent states, constitution-building can be a defining moment: a time when national
identities are asserted, values and norms articulated, and founding myths created. The constitution-building
process is a critical juncture between the divergent paths of stable and well-functioning democracy, on one
hand, or persistent instability, coups, repression, and state failure, on the other. But what is the proper
relationship of constitution-building to state formation? Should constitution-building occur before or after
state formation? Or should the two processes somehow proceed in parallel? To address these questions
in a Scottish context, this article draws on state-formation and constitution-building processes in the
Westminster-derived tradition. The article considers the advantages and disadvantages of these sequences,
and discusses the circumstances in which they might be applicable. It concludes by making some tentative
recommendations for a pre-independence constitution-building process in Scotland.
Keywords
Constitution-building, state formation, Scottish independence, Commonwealth, constituent assembly,
sequencing
Introduction
Major-General Lionel Dunsterville, commanding British forces in Baku at the time of the Russian
Revolution of 1917, observed in his memoirs that, ‘It is extremely easy to break down an existing
form of government, but to build up anything substantial in its place is a matter of considerable
difficulty [. . ..] and a long period of disorder must ensue during which the best efforts of the best
men will not suffice to prevent ridiculous situations from arising.’ (Dunsterville, 2012). In states
transitioning to independence, the challenge is not solely, or even primarily, to throw off the old
order; usually, independence does not arise until that order is already willing to relinquish power
or too weak to hold it. Rather, the challenge is to build a new order in its place – a constitutional
order that will enable the new state to govern itself with acceptable legitimacy, stability, inclusion
Corresponding author:
W Elliot Bulmer, University of Dundee, Nethergate, Dundee, Scotland, DD1 4HN.
Email: wbulmer001@dundee.ac.uk
957701IPS0010.1177/0192512120957701International Political Science ReviewBulmer
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