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Entries for November 2013

Stephen Tierney and Katie Boyle: Yes or No, Scotland's Referendum Carries Significant Constitutional Implications

Following the Edinburgh Agreement (in which the UK Government agreed to devolve the power to hold the referendum to the Scottish Government through a section 30 Order passed by the UK Parliament) the statutory framework for the referendum process has now been largely agreed by the Scottish Parliament and legislated for in the Scottish Independence Referendum (Franchise) Act 2013 and the soon to be enacted Scottish Independence Referendum Bill which passed Stage 2 of the legislation process in the Scottish Parliament on 10 October 2013.


Dauvit Broun: By Publishing the Legal Opinion in Support of Their Position, Has the UK Government Created a Threat to rUK's Position as a Continuing State?

On 11 February this year the government of the United Kingdom took the highly unusual step of publishing the legal advice that they had commissioned on whether, in the event of Scottish independence, Scotland would be regarded in international law as a new state and the remainder of the UK as a continuation of the United Kingdom of Great Britain and Northern Ireland.



Colin Mair: Scottish Independence and State Continuity: Does it Matter?

The UK Government’s Scotland Analysis series kicked off with very firm statements that the Residual UK (R.UK) would be the “continuator state” if Scotland became independent, and that Scotland would (almost certainly) have to (re)apply for membership of international organisations as a new state (UN, NATO, EU, etc.).