Back to the Future with the Draft Referendum Bill

The EU referendum result has fundamentally reshaped the Scottish independence debate, and the new draft referendum bill is a both political and practical step by the Scottish Government, writes Peter Lynch. He observes that, in this unpredictable constitutional environment, Brexit has created opportunities for the SNP to engage with those who haven’t previously contemplated Scottish […]

Scotland’s Minimum Pricing – Balancing Public Policy and the Single Market

The Court of Session’s ruling on minimum pricing of alcohol in Scotland has upheld that the policy is an appropriate and proportionate restriction on the free movement of goods, writes Arianna Andreangeli. Analysing the judgement, she argues that it marks a significant development in reaffirming that, in certain cases, public health objectives can trump Single […]

Scotland in the Single Market, rUK Out – What Would It Take?

If Scotland is to remain in the Single Market while the rest of the UK leaves it, substantial political and technical challenges would need to be overcome, writes Kirsty Hughes. She outlines the key questions facing Scotland’s continued participation in the Single Market and argues that, until the UK’s full post-Brexit relationship with the EU […]

Six Unrealistic Brexit Expectations the UK Government Should Avoid

While the UK’s record on negotiating with the EU has been mixed, it is nevertheless nearing one of the largest and most important diplomatic endeavours in its history with the Brexit negotiations, writes Anthony Salamone. He sets out six strategically unrealistic expectations which the UK should take care not to embrace, in order to ensure […]

Drawing the Battle Lines: The Ongoing Standoff Between the UK Government and the ECHR

The UK government’s proposed derogation from the European Convention on Human Rights is based on inconsistent reasoning and would mark a departure from the justifications usually offered, writes Dimitrios Kagiaros. He argues that, rather than insulate UK soldiers from court challenges, the derogation could in fact weaken their human rights protections, and that it could […]

Scotland and Brexit – Outlook Worsens as Options Narrow

Both hard Brexit and soft Brexit scenarios each present their own challenges for the UK, writes Kirsty Hughes. She suggests that, for Scotland, it is almost certain that it will exit the EU with the rest of the UK, and that, in the event of independence, the question then becomes whether Scotland would rejoin the EU. […]

Theresa May’s Great Repeal Bill – A Scottish Own Goal?

The Prime Minister’s outlining of the Great Repeal Bill to bring all EU law into UK law, to be sorted through later, has many elements of strategic thinking, writes Tobias Lock. He suggests, however, that a wholesale legal relocation would clearly touch on competences devolved to Scotland, and the politics around legislative consent could further […]

‘While Europe’s Eye is Fix’d on Mighty Things’: Implications of the Brexit Vote for Scotland

The variation in vote outcomes across the different parts of the UK in the EU referendum has brought existing constitutional questions to the fore, alongside the new challenges associated with exiting the EU, write David Edward and Niamh Nic Shuibhne. Outlining some of the options for Scotland, they argue that all the political actors involved […]