Brexit and Scotland: Centralism, Federalism or Independence?

European Review, Vol. 26, No. 4, 616–647, 2018

35 Pages Posted: 5 Dec 2018

See all articles by Andreas Rahmatian

Andreas Rahmatian

University of Glasgow - School of Law

Date Written: April 30, 2018

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.

Keywords: Brexit, British Constitution, Property Law, Legal Theory, Scotland

JEL Classification: K10, K11, K19, K40

Suggested Citation

Rahmatian, Andreas, Brexit and Scotland: Centralism, Federalism or Independence? (April 30, 2018). European Review, Vol. 26, No. 4, 616–647, 2018. Available at SSRN: https://ssrn.com/abstract=3291462

Andreas Rahmatian (Contact Author)

University of Glasgow - School of Law ( email )

School of Law, Stair Building
5-8 The Square
Glasgow, G12 8QQ
United Kingdom

Register to save articles to
your library

Register

Paper statistics

Downloads
20
Abstract Views
87
PlumX Metrics