The Independence Referendum, the Contested Constitution and the Authorship of Constitutional Change

30 Pages Posted: 1 May 2014  

Aileen McHarg

University of Strathclyde

Date Written: April 17, 2014

Abstract

The independence referendum is an important ‘constitutional moment’ for Scotland and the UK, not only because it may usher in a new constitutional era, but also because it has the power to shape our understanding of the contemporary constitution. Focusing on the referendum as a constitutional process, this article explores its implications for contested questions about the role of the people as the authors of constitutional change and about the location of constituent power within the British constitution. It also considers questions of constitutional process after the referendum.

Keywords: Scotland, independence, referendum

Suggested Citation

McHarg, Aileen, The Independence Referendum, the Contested Constitution and the Authorship of Constitutional Change (April 17, 2014). Available at SSRN: https://ssrn.com/abstract=2431050 or http://dx.doi.org/10.2139/ssrn.2431050

Aileen McHarg (Contact Author)

University of Strathclyde ( email )

16 Richmond Street
Glasgow 1XQ, Scotland
United Kingdom

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