28 June 2016
United no more: Constitutional Headaches ahead for the United Kingdom
Those who voted Brexit are now celebrating and singing ‘Rule Britannia’ in the streets. They are still dreaming. When they will wake up, they will have to face the facts: there is no Empire, and Brexit will not solve their economic problems. Immigrants will not be deported, and if foreigners decide to leave, this will not solve their problems either. One day, they will wake up to discover that the Kingdom is dis-United. Continue reading >>
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28 June 2016
Scotland Can Veto Brexit (sort of …).
Scotland's First Minister Nicola Sturgeon has announced that she would veto any attempt by a future British government to effect the withdrawal of the UK from the EU following the referendum result. This has raised a flurry of questioning of whether this is actually constitutionally permissible. In this blogpost I will argue why I think it is; that is that the Scottish Parliament does, constitutionally, have the power to use the constitution to attempt to veto an attempt by a British government to take the United Kingdom out of the European Union. Continue reading >>26 June 2016
A European Future for Scotland?
The fact that Scotland voted with 62% for the UK to remain a member of the EU whereas the majority of the overall UK electorate opted to leave the EU, raises important political and legal questions. Scotland’s First Minister Nicola Sturgeon has announced that a second referendum on Scottish independence is on the table. What are the options for a continued EU membership of an independent Scotland? Continue reading >>21 June 2016
Brexit, Identity, and the Rise of the Euro-Celts
EU law not only protect fundamental rights and freedoms, but also the national identities of the Member States. Perhaps for “Little England”, that is not enough. But after Brexit, who would protect the national identities of the other nations of the UK? Continue reading >>
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16 June 2016
Britain’s Neverendum on Europe
The UK Prime Minister has told us that the June 23rd vote will settle ‘once and for all’ Britain’s vexed relationship with Europe. I wouldn’t count on it. The current marathon is only beginning. The upcoming referendum has all the hallmarks of a ‘neverendum’: a campaign that tries to resolve an issue yet only succeeds in polarizing opinion yet further, guaranteeing its presence on the political agenda for years, if not decades, to come. Continue reading >>
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13 June 2016
A Tale of Two Exits: Scotland and Brexit
The EU referendum has become is a form of displacement activity, a chance for the English voters to affirm their Englishness. If England votes for Brexit and Scotland to stay in the EU, the question will be whether the other EU Member States would accept Scotland – perhaps in a confederation with Northern Ireland – as a new or continuing EU Member State or even as the continuing UK. Continue reading >>13 August 2015