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

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