Brexit and Scotland: Centralism, federalism or independence?

Rahmatian, A. (2018) Brexit and Scotland: Centralism, federalism or independence? European Review, 26(4), pp. 616-647. (doi: 10.1017/S1062798718000054)

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Abstract

The public debate about the consequences of Brexit in Britain follows certain predictable lines of established academic concepts in British constitutional law. This arguably overlooks the important constitutional complications of Brexit, including the position of Scotland in post-Brexit Britain. This article takes the unorthodox approach of focusing on legal and intellectual history rather than British constitutional law, because in this way one obtains a better understanding of the present British constitutional framework in the context of Europe. The discussion is from a continental European viewpoint and through the eyes of a private and commercial lawyer. The completely different understanding of Britain and Europe about the nature of a constitution and the structure of a state becomes more apparent with Britain’s departure from the EU, which may also influence the future national cohesion of the UK itself, particularly the relationship between England and Scotland after Brexit.

Item Type:Articles
Status:Published
Refereed:Yes
Glasgow Author(s) Enlighten ID:Rahmatian, Professor Andreas
Authors: Rahmatian, A.
College/School:College of Social Sciences > School of Law
Journal Name:European Review
Publisher:Cambridge University Press
ISSN:1062-7987
ISSN (Online):1474-0575
Published Online:25 April 2018
Copyright Holders:Copyright © 2018 Academia Europaea
First Published:First published in European Review 26(4):616-647
Publisher Policy:Reproduced in accordance with the copyright policy of the publisher

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