Stephen Tierney's blog

In this blog Professor Tierney argues that the legality of a unilateral referendum organised by the Scottish Parliament is a grey area. He also offers personal reflections from his experience as a parliamentary adviser at the time of the 2014 referendum and contends that a referendum held without an agreed process would have been damaging then and would be damaging now. It is incumbent upon both governments to ensure that a political solution to the current dispute is achieved and that, in particular, such a divisive issue is not left to the courts to settle. 
 
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Following the victory for Leave in the EU referendum, Prof Stephen Tierney sets out the next steps in the constitutional process. 
 
Initially nothing: the referendum by itself does not change anything in legal terms. The UK remains a member of the European Union until it concludes negotiations on withdrawal, a process that will take at least two years. 
 
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Posts by this author:

The House of Lords Constitution Committee has today published a comprehensive and critical report on the European Union (Withdrawal) Bill (‘the Bill’). The Bill’s second reading will begin in the Lords this week, with the Government committed to bringing forward amendments to the Bill’s provisions r... Read more
Post type: Blog entry
In an interim report on the European Union (Withdrawal) Bill, the House of Lords Constitution Committee has said that the “political, legal and constitutional significance of the Bill is unparalleled”. In this post, Mark Elliott and Stephen Tierney examine the main points made in the report and comm... Read more
Post type: Blog entry
Posted orginally on the Academy of Government blog >> This post asks: what, if any, impact is a hung Parliament likely to have upon the relatively new House of Commons procedure known as ‘English Votes for English laws (EVEL)’? Will a minority Conservative Government, propped up by the DUP, fi... Read more
Post type: Blog entry
In this blog Professor Tierney argues that the legality of a unilateral referendum organised by the Scottish Parliament is a grey area. He also offers personal reflections from his experience as a parliamentary adviser at the time of the 2014 referendum and contends that a referendum held without an... Read more
Post type: Blog entry
Stephen Tierney, University of Edinburgh, discusses how the next two years are set to be consumed by two parallel processes: We will see the UK leave the EU and could also see Scotland leave the UK in an effort to remain within the EU. This post originally appeared on the UK Constitutional Law blog.... Read more
Post type: Blog entry
The Supreme Court's decision to exclude Holyrood from the decision to trigger Brexit only confirmed what we already knew, says Stephen Tierney - that conventions are not laws. However, the proposed Great Repeal Bill is an entirely different matter.    So Holyrood’s consent is not needed to trigger B... Read more
Post type: Blog entry
Stephen Tierney suggests that the referendum outcome should be seen for what it is: a narrow but clear constitutional decision of the highest significance. This post originally appeared on the UK Constitutional Law Association blog. The past three weeks have seen a steady backlash against the refere... Read more
Post type: Blog entry
Following the victory for Leave in the EU referendum, Prof Stephen Tierney sets out the next steps in the constitutional process.    Initially nothing: the referendum by itself does not change anything in legal terms. The UK remains a member of the European Union until it concludes negotiations on w... Read more
Post type: Blog entry
Thursday’s election leaves the Anglo-Scottish Union on the brink. A combination of the first past the post system and the crystallisation of increasingly sharp attitudinal differences between England and Scotland has produced starkly divergent political systems which are now set to clash in the Hous... Read more
Post type: Blog entry
The United Kingdom constitution seems set to be restructured once again following the general election in May, with the three main UK parties as well as the SNP and Greens in Scotland committed to implementing the Smith Commission recommendations, and with draft clauses for change already on the tab... Read more
Post type: Blog entry

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Latest blogs

  • 25th April 2018

    Mary C. Murphy offers a detailed and in-depth analysis of Northern Ireland’s relationship with the EU, the role the EU has played in rebuilding the region after the Troubles, and the challenges and opportunities that Brexit might offer Northern Ireland in terms of its fragile politics and economy.

  • 25th April 2018

    The path being pursued by the DUP in Brexit, says Jonathan Evershed, is not so far from the mainstream of Unionist opinion.

  • 24th April 2018

    Antonia Ruiz, CCC visitor, looks at the rise of the populist radical right in Europe. She stresses that it's a topic that worries citizens, journalists, political elites and scholars alike.

  • 24th April 2018

    The promise of ‘change’ was key for the Austrian Christian democrats’ landslide victory in last year’s general elections. Recent sub-state elections, however, have perpetuated the influence of incumbent governors – and their power to veto reforms of Austria’s federal system. In light of current electoral dynamics, Patrick Utz analyses the (limited) potential for federal reforms in Austria.

  • 17th April 2018

    Richard Parry discusses the interacting policies on devolution and Brexit in the current impasse between UK and devolved governments.

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