bahadoorprinting.com/includes/2180-contactos-con.php However, I suggest that there may be at least 4 possible arguments for thinking otherwise.
To-day a new report is launched from a legal expert seminar in April , on the legal implications of repeal of the human rights act see below. The report provides the full chapter and verse, but here are a few quick points on the devolution implications, with further more detailed and reasoned resources below. To deliver the vow, Lord Smith of Kelvin was appointed to convene cross-party talks and facilitate an inclusive engagement process leading to recommendations for further devolution of powers to the Scottish Parliament within the UK.
Evaluating that claim requires a brief discussion of what federalism entails. Energy policy is a case in point. What follows, is an attempt to assess where and how women have been specifically addressed, directly or indirectly, in the Report and its proposals. Christine Bell: Separation or Sharing? Already the period within which citizens could submit their views on this process has passed; the Commission having set a deadline of 5 p. However, the European Union is just as much a target of indignation for conservative and other eurosceptics, and David Cameron has promised, if re-elected, an in-out referendum by , if the terms of Britain's EU membership cannot be renegotiated.
One topic it needs to consider is coordination between a devolved government and the United Kingdom and Scottish regulatory authorities, especially where these relate to economic growth. Thousands of energised Yessers feel an urgent need to express their unity and defiance, to hug and support each other, and to maintain the buzz and fellow-feeling of a mass campaign. Stephen Tierney: 'And the Winner is The turnout of Oh dear.
Turnouts are generally affected by two factors: perceptions of the importance of the issue under debate and perceptions of how close the vote is likely to be. More explanation is required. In fact, I also work full time as Professor of Constitutional Law, so sometimes thinking is part of my job. But this is personal. And the tea helps more than the constitutional law — we have been off all constitutional charts for some time now.
For purposes of analysis, all relevant front-page articles, editorials and comment pieces were included in the study, with other articles and letters being omitted due to restrictions on time. They will decide by referendum if they want to navigate the turbulent waters of the international society separately from the rest of the UK. At this moment, it is important to think about how the constitution of an independent Scotland should be. But clarity has not been forthcoming, and it is now far too late in the day to imagine that it will. In this blog I argue that although accession will no doubt take time, there is unlikely to be any period within which Scotland is effectively cast out of the EU.
Whether anyone has the ability to do so is a question of law.
The tendency to assume that the politicians will determine the place of an independent Scotland in, or out of, the EU overlooks the fact that their room for manoeuvre is circumscribed by EU law. The referendum on Scottish independence has rightly crystallised attention on the renewable electricity sector. With the possibility of Scotland gaining complete control over energy policy and related areas, understanding the implications for renewable deployment going forward is critical.
However, the debate has concentrated on alternate post-referendum visions of the future often mired down in heavily politicised claims and counter-claims. Little attention has focussed on whether or not the Scottish proposals on the table to date amount to a significant change, whether the public vote for independence or to remain in the UK. Nowhere is the referendum more in vogue than in Europe. 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.
Arianna Andreangelli: Access to All Areas? Maybe Not Article 34 of the Bill provides for continuity of laws: Read more 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. Neil Walker: The Uncelebrated Union 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.
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? In this post we will seek to extend that debate to the issue of Scottish independence. In the event of a yes vote, this would provide the basis for the Scottish state during the first years of independence, pending the adoption of a permanent constitution some time after The aim was to explore the impact of the independence referendum from the perspective of the United Kingdom and each of its constituent nations.
What might happen to the Union in the event of a no vote in the referendum? I was asked to address the legal process of constitutional change. Let me say straight away that from a legal or constitutional point of view there is nothing inherently difficult about changing the devolution settlement. It is simply a matter of amending the Scotland Act , which defines the powers of the Scottish Parliament.
For those who view reconciliation as something we practice all the time, everywhere, this is not too disturbing. By dint of this, I am entitled to vote in the independence referendum on September 18 th.
There is a temptation — which I have resisted — to modify its text in the light of hindsight. As importantly, the process of creating a written constitution in Scotland should be energising. Cambridge: Open Book Publishers, Before proceeding to moral claims, let me briefly sketch the issues and viewpoints connected to territory and territorial rights that are essential for nationalist political programs. The strongest claim is typical of classical nationalism; its typical norms are both moral and, once the nation-state is in place, legally enforceable obligations for all parties concerned, including for the individual members of the ethno-nation. The other regions are going to want their say. Membership of NATO constitutes an interesting case.
Neil Walker: Hijacking the Debate Let me lay my cards on the table. Andrew Campbell: Currency Choices and Scottish Independence The debate about the currency is now well underway in Scotland, although not as yet in the rest of the United Kingdom UK and so far most of the current contributors are paying little or no attention to the legal issues. Ewan Sutherland: Economic Regulation in an Independent Scotland The Scottish Government has set a date for independence, should it win the referendum, giving the period from 19 September to 23 March for the completion of the transition to an independent country and a full member state of the European Union and the OECD.
Bernard Ryan: Downplaying Sovereignty? Citizenship in Scotland's Future Were it to become independent, Scotland would have its own legal citizenship, and would in principle be free to define the circumstances in which that status was acquired. Sarah Craig: Immigration in the White Paper - 'Continuity of Effect' and its Limits Immigration is a reserved matter under the Scotland Acts, so independence would enable a Scottish Government to shape its own immigration policy for the first time. 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 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 Paddy Bort: Putting Local Democracy at the Heart of Scotland's Constitutional Future Even without the referendum campaign, we probably would — or, at least, should — have a debate about local democracy in Scotland.
After Independence: The State of the Scottish Nation Debate (Viewpoints Book 11) eBook: Gerry Hassan: dynipalo.tk: Kindle Store. After the Referendum on whether Scotland should become an independent country Scotland's Referendum and the Media: National and International Perspectives when it comes to such contested matters as Scotland's status in the union. on this group into the terrain of the recent independence referendum debate.¹.
Looking further back, Scotland and England have been growing apart since the demise of the British Empire, Broun says. The decline of the Presbyterian church in Scotland, which provided a sense of self-government and Scottish identity, has also played a part in fueling the desire for independence, he says. Thanks to a bill passed last year extending the vote to and year-olds, essentially everyone living in Scotland who is 16 or older on the date of the referendum will be able to vote. This means English or Welsh citizens who reside in Scotland can take part. But Scots who are living elsewhere in the United Kingdom or overseas will not be entitled to cast a ballot.
It also means that the residents of England, Wales and Northern Ireland get no vote on a historic change to the makeup of the United Kingdom. What currency would Scotland have if it leave s? This is another big but unresolved question. Scottish First Minister Alex Salmond, leader of the Scottish National Party, has said he wants Scotland to continue to use the pound in a currency union with the rest of the United Kingdom.
But the three main parties in Westminster -- David Cameron's Conservatives, their coalition partners the Liberal Democrats, and Labour -- have all said this won't be an option. The Scottish government responded that this was "bullying" from Westminster. A Treasury briefing paper in February warned that "currency unions between sovereign states are fraught with difficulty" and advised strongly against entering into one with Scotland, citing uncertainty and the risk of insolvency as factors.
Despite this, Scotland could decide to use sterling unofficially, Broun says. Also unclear is what would happen to Scotland's share of UK debt if it's not part of a currency union, he adds. Would an independent Scotland be part of the European Unio n? It's still not clear how an independent Scotland would fit into the European Union.
It's an important issue because EU membership brings economic benefits, as well as greater global clout. Panos Koutrakos, a professor of European law at City University London, says Scotland sees EU membership as indispensable, even as Cameron has promised a UK-wide referendum on the question if he's re-elected next year. By leaving the United Kingdom, Scotland would have to renegotiate its membership in the nation bloc. The big questions are: How would this be done, and how long might it take? The heads of the European Commission and European Council, Jose Manuel Barroso and Herman Van Rompuy, have said Scotland would have to apply for membership in the same way as any other independent state.
This "hard position" means Scotland would have to negotiate an accession agreement with all the existing EU members, Koutrakos said. The Scottish government says that since it's already a member as part of the UK and abides by EU laws, it could join through an amendment to existing treaties -- a quicker and potentially easier route.
The Scottish government says this could be achieved within 18 months of a vote for independence. A YouGov poll of voters in half a dozen EU nations indicated that, those in Britain aside, a majority backed EU membership for an independent Scotland. But among those in favor, most thought it should apply in the same way as any other country wanting to join the European Union, rather than being fast-tracked. Could an independent Scotland pay its bills?
The Scottish government argues the country would be better off after independence, largely based on its taking control of revenues from North Sea oil and gas found in Scottish waters. Salmond pointed earlier this year to government figures showing the underlying strength of the Scottish economy. We describe the type of foreign policy that was projected by the Scottish National Party SNP Government in Scotland and the reaction to that projection by actors opposed to independence.
We argue that the underlying difference in the two sides was the perspective on small state foreign and security policy and that this difference resonates with long-standing academic debates about small states, and their insecurities, in world politics. Bailes The aim of this chapter is to examine how Scotland as a potential independent state would prosper based on the existing small state literature and lessons of the Nordic states. The chapter argues that, as any other small entity, Scotland, as an independent small state, would need external shelter in multiple dimensions.
However, these solutions would incur costs different from, and not necessarily lesser than, those carried by Scotland within the present union.
Security, Privacy and Oversight Charles D. It considers these issues in the light of three recent seminal reports in the UK and one in the US. In addition, the extent to which overseers and other policy actors can keep abreast of technological developments is identified as a problem for the effectiveness of legislation and oversight, requiring changes to existing procedures.
This chapter draws on research on oversight of the intelligence and security agencies by the United Kingdom Parliament to consider possible lessons for legislative oversight in emerging states, and in particular, a potentially independent Scotland. It suggests that the challenges associated with such a development have been largely overlooked, and that careful consideration would need to be given to a number of issues, including the capacity and expertise required for intelligence oversight, in addition to the powers of any oversight body and indeed of Parliament as a whole.
Scotland and the Politics of Intelligence Accountability Colin Atkinson, Nick Brooke and Brian Harris This chapter explores the politics of intelligence accountability in the context of the referendum on Scottish independence and the General Election in the UK. It documents and assesses the strategic dimension in UK national security, its visibility to voters, the presentation and impact of arguments for and against separate arrangements, and the professional and political constraints on the Yes and No camps.
Press coverage emerges as reasonable and fair if largely reactive, while the broadcasters were distinctly cautious, and overall treatment of the cyber threat to an independent Scotland was inadequate. The chapter concludes with a forward look to the likely profile of intelligence in the event of a second referendum.
It outlines the various categories of media coverage in common usage and examines a selection of coverage in depth. It argues that, with some exceptions, the coverage was narrow and formulaic. It suggests more investigative projects could have widened and deepened the coverage and led to a more informed debate. Neal This chapter is about how and why security was debated or neglected in the Scottish independence referendum campaigns and attendant public discussion. The main focus of this chapter is to discuss the political implications of speaking security, using the lens of securitisation theory.
It argues that more security talk is not necessarily a good thing, because it may ramp up fear and mobilise security apparatuses. The chapter then considers the implications of staying silent on security, which are not innocent either. This is because historically, the power and authority of the state to declare and define security threats depended on the silent deference of the wider political class. By demonstration, the chapter compares the quietude of security politics in Scotland with the history and transformation of security politics at Westminster.
Concluding Remarks: The Narrative of Security and Pathways of Transition Thierry Balzacq This contribution stands as a conclusion to the book, arguing that both the tone and the content of debates over security during the Scottish referendum were mainly underwritten by narratives which sought to harness the ambiguity of security. It postulates that ambiguity yields different outcomes and empowers different actors. Hence, perhaps, the hesitancy of the Yes side to prioritise security topics.
The Reports from this seminar series can be read and downloaded below:. CC BY 4.