Scottish Independence

by John McEldowney The referendum held in Scotland on 18th September 2014 on Scottish independence is a significant event that will prove to be of major constitutional significance for the United Kingdom as well as for the devolved administrations in Wales, Northern Ireland and London for years to come. The NO vote in favour of the 307 year old Union gained a comfortable 55% majority over the YES, in favour of independence of 45%. Electoral turn-out was one of the highest seen in the UK at over 85% of the electorate. In the East Darbartonshire constituency the turnout was 91%. Sixteen year olds were given the vote for the first time.
by John McEldowney. Introduction. The rise in popularity of the United Kingdom Independence Party(UKIP) in the UK amidst the possibility of popular support for euro-sceptic political parties raises major constitutional issues about the UK’s continued membership of the EU. A recent TV debate between the Deputy Prime Minister and the Leader of UKIP proved how difficult it was to present technical arguments for membership in the context of popular scepticism about the EU. Winning the argument to stay in the EU will not be easy as a promised “in/out” referendum is likely to be held if the Conservative Party win the next election. The time-table for the next general election is fixed for May 2015 but the run up to that election will set an unprecedented time for the UK. There are considerable self-imposed constraints on the UK’s approach to the EU that mark a considerable departure from the approach of previous governments.

Latest Posts

Swiss votations on February 9, 2020

by Prof. Markus Kern / Fabian Schmid, University of Bern

On February 9, 2020, two proposals were up for decision by the Swiss electorate:
– the Popular Initiative claiming “more affordable homes” as well as
– a referendum concerning a ban on discrimination based on sexual orientation in criminal law
The Popular Initiative was rejected by 57.1% of the Swiss population and by all but 4½ of the cantons, whereas the amendment of criminal law was clearly accepted by a majority of 63.1% of the voters. Electoral turnout was at 41.7% resp. 40.9%.

Read More »

Illiberal constitutionalism 2 – constraints on public power

by Tímea Drinóczi, Professor, University of Pécs, Faculty of Law, Hungary

Illiberal states emerging in Europe, such as Hungary and Poland, are still constitutional democracies, which are shaped peacefully by populist politicians from a more substantial form of constitutional democracy that prioritizes (liberal) constitutional values through the use of populist style of governance, abusive constitutionalism, and autocratic legalism.[1] In our cases, the minimum requirements of a constitutional democracy, such as the rule of law, human rights, and democracy, have been defectively worded in a constitution, or poorly implemented or enforced.

Read More »