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The Law & Politics of Brexit$
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Federico Fabbrini

Print publication date: 2017

Print ISBN-13: 9780198811763

Published to Oxford Scholarship Online: November 2017

DOI: 10.1093/oso/9780198811763.001.0001

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Brexit and the Scottish Question

Brexit and the Scottish Question

(p.115) 6 Brexit and the Scottish Question
The Law & Politics of Brexit

Sionaidh Douglas-Scott

Oxford University Press

The chapter examines Brexit and the Scottish question, arguing that the UK secession from the EU may be the trigger for Scotland’s secession from the UK. While Scottish voters had by majority rejected independence in a referendum in 2014, they voted overwhelmingly to remain in the EU during the Brexit referendum. At the same time, as Douglas-Scott explains, efforts by the Scottish government after the Brexit referendum to obtain a special deal to remain within the EU single market have received only scant attention from the UK government. Moreover, new tensions are likely to emerge between Holyrood and Westminster in the implementation of the UK government. EU Withdrawal Bill. Although pursuant to the Sewel Convention Scotland should be consulted on any UK primary Legislation relating to its devolved powers, the UK government does not seem sensitive to the issue—not least because the UKSC in Miller classified constitutional conventions as non-enforceable norms. Given the unsuccessful exhaustion of all these alternative roads to protect Scotland’s interest, the prospect of a new independence referendum gains credibility.

Keywords:   Brexit, Scotland, independence, referendum, UK, devolution, Act of Union

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