British & Scottish Politics

So Much for Fixed Term Parliaments

Jeremy Corbyn’s acquiescence in an early General Election has confirmed the supposition that if pushed an opposition party would never want to appear to be frightened of going to the country. The result has been to nullify the point of the Fixed Term Parliaments Act 2011 except when there is a coalition government. And the concept of the overriding two-thirds majority of members applies also to the Scottish Parliament – indeed it originates in the devolution legislation of 1998. This gives Nicola Sturgeon a precedent should she find it tactically opportune to do the same.

Please Gamble Responsibly

Nicola Sturgeon’s letter of 31 March 2017 to Theresa May stated that ‘the Scottish Parliament has now determined by a clear majority that there should be an independence referendum’. That would now be the common assumption. But in fact the motion does not mention independence, let alone specify whether what is envisaged is independence within the European Union.

A second Scottish independence referendum without a s.30 Order? A legal question that demands a political answer

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.

Is the UK Facing a Constitutional Crisis?

With Nicola Sturgeon and Theresa May taking apparently incompatible positions over a second independence referendum, Michael Keating considers whether the constitution is now at breaking point.

The UK Government’s decision appears to be final. A Scottish independence referendum is not ruled out in principle but it is off the table until after Brexit. This is understandable from the UK perspective. The Government has no desire to conduct a war on two fronts or to weaken the UK position in negotiations with the EU.

A Second Independence Referendum in Scotland: The Legal Issues

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.

Second independence referendum before Brexit – is the timing right?

Nicola Sturgeon has pre-empted Theresa May’s triggering of Article 50, getting in first with her plan to hold a second independence referendum after Brexit plans are clearer and before (or very close to the moment when) the UK leaves the EU.

Devolve and not Forget: The Conservatives’ dilemma

Richard Parry discusses considerations facing Theresa May as decision time approaches on a second independence referendum.

Theresa May’s speech in Glasgow on 3 March developed a line of argument that opened up a new perspective on devolution and the Conservative Party’s role in Scotland, Wales and Northern Ireland:

Brexit Talks: What will we know in autumn 2018?

If Brexit talks go to schedule (and don't break down), the shape of any deal should be clear by the autumn of 2018. Kirsty Hughes explains what will be known by then and how various political actors may respond.

If Theresa May triggers Article 50 on schedule this month, then Brexit talks should end in autumn 2018 – in time for ratification or approval by the European Council (by a qualified majority vote), European Parliament and Westminster ahead of March 2019 (when Article 50’s two year deadline will expire).