Entries for August 2014

The UK’s long-standing tolerance of dual citizenship, and the indications that, in the event of Scottish independence,  rUK would change its policy, and withdraw British citizenship from some Scottish citizens has been discussed previously on this blog and elsewhere. As explored further below, the likelihood that British citizenship would be withdrawn from those with ties to other countries (including rUK) is small, and rulings on the withdrawal of EU citizenship could be invoked to protect the British citizenship of those who would be affected.

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The negotiations between the European Union and the United States with a view to drafting and concluding the Transatlantic Trade and Investment Partnership Agreement (TTIP) have been met with very mixed reaction across civil society, the legal community and domestic policymakers on either side of the Atlantic.

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In June 2014, the Scottish Government published its draft Scottish Independence Bill, on which it held a consultation. Article 34 of the Bill provides for continuity of laws:

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Today we publish a paper which is the outcome of an ESRC research project exploring the legal issues surrounding membership of the European Union for an independent Scotland.

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As the Scottish independence referendum campaign reaches its final days, it may be worth highlighting a little-discussed aspect which may become very relevant immediately after 18 September – the assumption that the referendum will resolve the matter, either by a Yes vote inevitably leading to independence, or a No vote leading to the continuation of the present UK, probably with more devolution.

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The Scottish Government’s paper Scotland’s Future and the Environment marks a late and limited entry of this topic into the independence debate.  In some ways this may seem surprising given that landscape, generally good environmental conditions and ample natural resources are all positive features of many images of Scotland.

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With the Scottish referendum vote imminent, every issue of relevance to the debate on Scottish independence takes on crucial significance.  In the context of Scotland’s EU membership, there has been a polarisation of approaches, which in the arena of politics is probably only to be expected.

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Last week's first televised debate of the referendum campaign revealed few surprises of tone or content, even if the outcome disappointed pro-independence hopes of a momentum-building surge in support.  As expected, Alex Salmond concentrated on  the core message  of political self-determination, and the prospect of the new Scotland embracing a model of social and economic solidarity that London is increasingly unable or unwilling to deliver.

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The ESRC Future of the UK and Scotland project has published a book which seeks to provide voters with information that may help them in deciding how to vote on 18 September.

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Three intertwined questions relating to citizenship will become of great importance if there is a ‘yes’ vote in the Scottish referendum. First, who will become, or be able to become, a Scottish citizen? Secondly, who will remain, or be permitted to remain, a United Kingdom citizen? Thirdly, and relatedly, who will become, or be permitted to become, a dual citizen, a citizen of both Scotland and the United Kingdom?

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The UK Constitutional Law blog has recently seen posts addressing the UK’s relationship to the European Convention of Human Rights. In this post we will seek to extend that debate to the issue of Scottish independence. The framework for human rights protection contained in the Scottish Government’s recent publication, the Scottish Independence Bill: A Consultation on an Interim Constitution for Scotland is notable in promising a more robust form of legal protection for fundamental rights (what we might call a ‘rights affirmative’ constitutional arrangement) at a time when the prevailing mood in Whitehall is for a restriction in the role of the courts.

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