Hostname: page-component-8448b6f56d-c47g7 Total loading time: 0 Render date: 2024-04-20T16:11:39.963Z Has data issue: false hasContentIssue false

The Scottish independence referendum and the participatory turn in UK constitution-making: The move towards a constitutional convention

Published online by Cambridge University Press:  18 July 2017

SILVIA SUTEU*
Affiliation:
University College London, Faculty of Laws, Bidborough House, 38–50 Bidborough Street, London WC1H 9BT

Abstract:

This article looks at the continued calls for popular participation in UK constitution-making following the 2014 Scottish independence and 2016 Brexit referendums. In particular, it discusses the prospect of a UK constitutional convention being set up to deliberate upon and make recommendations concerning constitutional reform. The article proceeds by first mapping the arguments in favour of setting up such a body in a country with little but growing experience with direct democracy. It then analyses three difficulties surrounding a UK constitutional convention: deciding on a manageable mandate, identifying the political community or communities it is to represent and the method for selecting its membership, and defining the place of such a convention within the UK’s broader constitution-making mechanisms. The article highlights fundamental unknowns in need of clarification before such an instrument could be used while at the same time admitting the limitations of a constitutional convention as a panacea for all of the UK’s constitutional woes. In exploring these questions, the article shows how constitutional reform debates in the UK are no less complex than were those surrounding Scottish independence and have been further compounded by Brexit.

Type
Special Issue: Independence in a World of Intersecting Legal and Political Regimes
Copyright
Copyright © Cambridge University Press 2017 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1 See Select Committee on the Constitution, 12th Report of Session 2009–10, Referendums in the United Kingdom: Report with Evidence, HL Paper 99.

2 Tierney, S, ‘Reclaiming Politics: Popular Democracy in Britain after the Scottish Referendum’ (2015) 86(2) The Political Quarterly 226.CrossRefGoogle Scholar

3 See Tierney, S, Constitutional Referendums: The Theory and Practice of Republican Deliberation (Oxford University Press, Oxford, 2012)CrossRefGoogle Scholar and Qvortrup, M, Referendums around the World: The Continued Growth of Direct Democracy (Palgrave MacMillan, Basingstoke, 2014).Google Scholar

4 See (n 2) 232.

5 Bell, C, ‘Separation or Sharing? The Critical Choice for the Union (and Smith)’ Scottish Constitutional Futures Forum Blog (4 November 2014) available at <http://www.scottishconstitutionalfutures.org/OpinionandAnalysis/ViewBlogPost/tabid/1767/articleType/ArticleView/articleId/4568/Christine-Bell-Separation-or-Sharing-The-Critical-Choice-for-the-Union-and-Smith.aspx>.Google Scholar

6 Tierney, S, ‘Europe Is Entering the ‘‘Age of the Referendum’’, but There Is Nothing to Fear for European Democracy If Referendums Are Properly Regulated’ Democratic Audit (22 October 2014) available at <http://www.democraticaudit.com/2014/10/22/europe-is-entering-the-age-of-the-referendum-but-there-is-nothing-to-fear-for-european-democracy-if-referendums-are-properly-regulated/>..>Google Scholar

7 Groenlund, K et al., Deliberative Mini-Publics: Involving Citizens in the Democratic Process (ECPR Press, Colchester, 2014) 1.Google Scholar

8 Rowe, G and Frewer, LJ, ‘A Typology of Public Engagement Mechanisms’ (2005) 30(2) Science, Technology, & Human Values 257.CrossRefGoogle Scholar

9 Fournier, P et al., When Citizens Decide: Lessons from Citizen Assemblies on Electoral Reform (Oxford University Press, Oxford, 2011) 28.Google Scholar

10 For more on the experience of British Columbia, see Warren, ME and Pearse, H, Designing Deliberative Democracy: The British Columbia Citizens’ Assembly (Cambridge University Press, Cambridge, 2008).CrossRefGoogle Scholar

11 House of Commons Political and Constitutional Reform Committee, Do We Need a Constitutional Convention for the UK?, Fourth Report of Session 2012–13 (25 March 2013) 9.

12 Farrell, DM, ‘The Irish Constitutional Convention: A Bold Step or a Damp Squib?’ in O’Dowd, J and Ferrari, G (eds), Comparative Reflections on 75 Years of the Irish Constitution (Clarus Press, Dublin, 2013) 191201.Google Scholar

13 See generally Suteu, S, ‘Constitutional Conventions in the Digital Era: Lessons from Iceland and Ireland’ (2015) 38(2) Boston College International & Comparative Law Review 251–76.Google Scholar

14 See Parkinson, J and Mansbridge, J (eds), Deliberative Systems: Deliberative Democracy at the Large Scale (Cambridge University Press, Cambridge, 2012).CrossRefGoogle Scholar

15 See (n 12) 200.

16 See (n 9) 18.

17 For more on the existence of a global trend towards popular participation beyond mere consultation in constitution-making, see Saunders, C, ‘Constitution Making in the 21st Century’ (2012) 4 International Review of Law 110.Google Scholar

18 Stewart, H, ‘Ministers Put British Bill of Rights Plan on Hold until after Brexit’ The Guardian (29 December 2016) available at <www.theguardian.com/law/2016/dec/29/ministers-put-british-bill-of-rights-plan-on-hold-until-after-brexit>.Google Scholar

19 Miller and Dos Santos v Secretary of State for Exiting the European Union [2017] UKSC 5. The case concerned the question whether the UK Government could invoke Article 50 of the Treaty on the European Union to notify the EU of the UK’s withdrawal based on royal prerogative powers or whether it needed parliamentary approval before doing so. The UK Supreme Court ruled 8–3 that Parliament needed to have a say.

20 Bogdanor, V, The Crisis of the Constitution: The General Election and the Future of the United Kingdom (The Constitution Society February 2015).Google Scholar

21 Keating, M, ‘Reforging the Union: Devolution and Constitutional Change in the United Kingdom’ (1998) 28(1) Publius 224CrossRefGoogle Scholar; and Levy, R, ‘The Scottish Constitutional Convention, Nationalism and the Union’ (1992) 27(2) Government and Opposition 223–4.CrossRefGoogle Scholar

22 See the Convention’s report, titled Scotland’s Parliament, Scotland’s Right (30 November 1995).

23 One critic, a former member of the Scottish Constitutional Convention, called it an elitist, self-appointed and ultimately unrepresentative body. See C Beaton, ‘Ex-MP: Scotland ‘‘in Trouble’’ If Lax on Constitution’ The Targe (8 December 2013) available at <http://thetarge.co.uk/article/current-affairs/0165/ex-mp-scotland-in-trouble-if-lax-on-constitution>.

24 See All Wales Convention Report (November 2009) available at <http://gov.wales/docs/awc/publications/091118thereporten.pdf> 9–10.

25 Ibid 10.

26 Ibid 7.

27 See Conservative Assembly Member Jonathan Morgan cited in ‘More Powers for Wales Says Report’ BBC News (18 November 2009) available at <http://news.bbc.co.uk/1/hi/wales/wales_politics/8350333.stm>. See also Stirbu, DS and McAllister, L, ‘An Exercise in Democratic Deliberation: The All Wales Convention’s Contribution to Constitutional Change’ (2011) 24(1) Contemporary Wales 6485.Google Scholar

28 Wyn Jones, R and Scully, R, Wales Says Yes: Devolution and the 2011 Welsh Referendum (University of Wales Press, Cardiff, 2012) xi.Google Scholar

29 Ibid 80.

30 Sparrow, A, ‘Clegg’s Terms for Deal in Hung Parliament’ The Guardian (10 March 2008) available at <http://www.theguardian.com/politics/2008/mar/10/liberaldemocrats.nickclegg>..>Google Scholar

32 Ibid 93.

33 See The Scottish Government, Scotland’s Future: Your Guide to an Independent Scotland (26 November 2013) 22Google Scholar; and The Scottish Government, The Scottish Independence Bill: A Consultation on an Interim Constitution for Scotland (June 2014) 61.Google Scholar

34 Cited in Carrell, S, ‘Alex Salmond Entices Left and Lawyers with Promise of New Rights in a Written Constitution’ The Guardian (17 January 2013) available at <http://www.theguardian.com/politics/scottish-independence-blog/2013/jan/17/scottish-constitution-alexsalmond>.Google Scholar

35 See discussion in Boyle, K and Tierney, S, ‘Human Rights in Transition: The Proposed Interim Constitution for Scotland’ UK Constitutional Law Association Blog (1 August 2014) available at <http://ukconstitutionallaw.org/2014/08/01/katie-boyle-and-stephen-tierney-human-rights-in-transition-the-proposed-interim-constitution-for-scotland/>..>Google Scholar

36 ‘Ed Miliband’s Speech to the Labour Conference: Full Text’ New Statesman (23 September 2014).

37 Clegg, Nick, ‘This Opportunity Cannot Be Hijacked’ Liberal Democrats (22 September 2014).Google Scholar

38 The Green Party, ‘Democracy for Everyone: The UK after the Scottish Referendum’ (September 2014).Google Scholar

39 Farage, Nigel, ‘A Voice for England’ UKIP website (19 September 2014).Google Scholar

40 See ‘Policy Guide: Where the Parties Stand’ (BBC News, April 2015) available at <http://www.bbc.co.uk/news/election/2015/manifesto-guide>. The All-Party Parliamentary Group for Reform had in fact called on parties to adopt a common platform on this issue, believing that ‘A constitutional convention is an accepted method of securing broad agreement (and is tried and tested, in differing forms, in the Scottish and Welsh contexts as well as internationally).’ See All-Party Parliamentary Group, ‘A Parliament for Reform 2015-2020: Legacy paper of the All-Party Parliamentary Group for Reform, Decentralisation and Devolution in the United Kingdom’ (March 2015).

41 There were some exceptions, however. See Goodman, P, ‘A New Model for the Constitution. A New Model for Conservative Leadership’ (Conservative Home, 19 September 2014) available at <http://www.conservativehome.com/thetorydiary/2014/09/a-new-model-for-the-constitution-a-new-model-for-conservative-leadership-2.html>>Google Scholar.

42 Government Response to the House of Commons Political and Constitutional Reform Committee Fourth Report of Session 2012-13: Do We Need a Constitutional Convention for the UK? (November 2013) sections 1.3, 2.1, 3.18, 4.1.

43 ‘In Full: David Cameron Statement on the UK’s Future’ BBC News (19 September 2014) available at <http://www.bbc.co.uk/news/uk-politics-29271765>.

44 First Secretary of State and Leader of the House of Commons, Implications of Devolution for England, Policy Paper, December 2014.

45 Ibid 21.

46 Ibid 32.

47 Ibid 27.

48 For opposition criticism, see ‘English Vote Plan to Become Law Despite Objections’ (BBC News, 22 October 2015) available at <http://www.bbc.co.uk/news/uk-politics-34599998>. For an analysis of the constitutional issues raised by this solution, see P Reid, ‘‘‘English Votes on English Law’’: Just Another Running Repair’ UK Constitutional Law Association Blog (28 October 2015) available at <http://ukconstitutionallaw.org/2015/10/28/paul-reid-english-votes-on-english-law-just-another-running-repair/>.

49 See Barnett, A, ‘The Labour Leader Candidates and the Constitution’ OpenDemocracyUK (12 August 2015) available at https://www.opendemocracy.net/ourkingdom/anthony-barnett/labour-leader-candidates-and-constitution>. Jeremy Corbyn is also one of the MPs supporting the Constitutional Convention Bill in the House of Commons, on which see below..+Jeremy+Corbyn+is+also+one+of+the+MPs+supporting+the+Constitutional+Convention+Bill+in+the+House+of+Commons,+on+which+see+below.>Google Scholar

50 Stone, J, ‘Lib Dem and Labour Peers Could Work Together to Push for a Constitutional Convention’ Independent (1 June 2015) available at <http://www.independent.co.uk/news/uk/politics/lib-dem-and-labour-peers-could-work-together-to-push-for-a-constitutional-convention-10289602.html>..>Google Scholar

51 See (n 11).

52 The report defined it as ‘the issue that the people of England, outside of London, are governed by Westminster, with little authority to propose local solutions that benefit their own communities’. Ibid, section 68.

53 House of Commons Political and Constitutional Reform Committee, A New Magna Carta, Second Report of Session 2014–15 (3 July 2014).Google Scholar

54 House of Commons Political and Constitutional Reform Committee, Consultation on A New Magna Carta?, Seventh Report of Session 2014–15 (3 March 2015) 12.Google Scholar

55 House of Commons Political and Constitutional Reform Committee, The Future of Devolution after the Scottish Referendum, Eleventh Report of Session 2014–15 (23 March 2015) 3.Google Scholar

56 For a list of civil society initiatives predating the Scottish referendum, see (n 53) 376.

57 See Unlock Democracy, ‘Guide to a Constitutional Convention’ (October 2014) and fn 7 at <http://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN07143>; and Electoral Reform Society, ‘Time for a Convention’ at <http://www.electoral-reform.org.uk/constitutional-convention>;+and+Electoral+Reform+Society,+‘Time+for+a+Convention’+at+>Google Scholar.

58 See the website of the two pilot assemblies, available at <http://citizensassembly.co.uk/>.

59 The Institute for Welsh Affairs, ‘Constitutional Convention Report’ (April 2015) available at <http://iwa.wales/wp-content/uploads/2016/01/IWA_ConCon_report6.pdf>..>Google Scholar

60 See, among others, Renwick, A, ‘After the Referendum Options: For a Constitutional Convention’ The Constitution Society (May 2014)Google Scholar; Mac Amhlaigh, C, ‘For a Constitutional Convention for the United Kingdom’ UK Constitutional Law Association Blog (22 September 2014)Google Scholar; Renwick, A, ‘How to Design a Constitutional Convention for the UK’ Our Kingdom 2(2 September 2014);CrossRefGoogle Scholar Hazell, R, ‘You Want a Constitutional Convention? This Is What You Need to Think Through First’ The Constitution Unit Blog (8 October 2014)Google Scholar; Farrell, D, ‘The Irish Constitutional Convention Offers a Potential Route-map for Renewing UK Democracy’ Democratic Audit (15 October 2014)Google Scholar; Harris, C, ‘The UK Has Much to Learn from the Irish Constitutional Convention’ LSE British Politics and Policy (17 November 2014);Google Scholar Renwick, A, ‘A British Constitutional Convention?’ (2015) 6(2) Political Insight 811CrossRefGoogle Scholar. See also statement by academics of The Constitution Society and The Constitution Unit, University College London, ‘What a Constitutional Convention Needs to Succeed’ (30 April 2015) available at <www.ucl.ac.uk/constitution-unit/news/what_a_constitutional_convention_needs_to_succeed_apr15>.

61 See (n 20) 36–7.

62 See Blackburn, R, ‘Enacting a Written Constitution for the United Kingdom’ (2015) 36(1) Statute Law Review 21.Google Scholar

63 See Evans, A, ‘Back to the Future? Warnings from History for a Future UK Constitutional Convention’ (2015) 86(1) The Political Quarterly 2432.CrossRefGoogle Scholar

64 See ConstitutionUK, LSE Institute of Public Affairs, available at <http://blogs.lse.ac.uk/constitutionuk/>.

65 Constitutional Convention Bill (HL Bill 10) 2015–16, arts 1(1) and 1(3).

66 Constitutional Convention (No. 2) Bill (Bill 61) 2015–16.

67 Cited in (n 49).

68 The Office of Gordon and Brown, Sarah, ‘Gordon Brown Proposes UK People’s Constitutional Convention’ (3 November 2016) available at <http://gordonandsarahbrown.com/2016/11/gordon-brown-proposes-uk-peoples-constitutional-convention/>>Google Scholar.

69 See Barker, A, ‘Brown Flags Constitutional Convention’ Financial Times (21 May 2009) available at https://www.ft.com/content/41183a02-459a-11de-b6c8-00144feabdc0>..>Google Scholar

70 See (n 68).

71 Carrell, S, ‘Labour Expected to Consider Possibility of Federal UK’ The Guardian (24 February 2017) available at <https://www.theguardian.com/uk-news/2017/feb/24/labour-constitutional-reforms-federal-uk-scotland>..>Google Scholar

72 Scottish Liberal Democrats, ‘Scot Lib Dems Launch Federalism Drive’ (5 March 2017) available at <http://www.scotlibdems.org.uk/scot_lib_dems_launch_federalism_drive>..>Google Scholar

73 House of Lords Select Committee on the Constitution, Proposals for the Devolution of Further Powers to Scotland, 10th Report of Session 2014–15 (24 March 2015) section 23. On the complexities of speaking of, and reforming, the ‘territorial constitution’, see Walker, N, ‘The Territorial Constitution and the Future of Scotland’ in McHarg, A et al. (eds), The Scottish Independence Referendum: Constitutional and Political Implications (Oxford University Press, Oxford, 2016).Google Scholar

74 See (n 5).

75 Jeffrey, C, ‘Devolution in the United Kingdom: Problems of a Piecemeal Approach to Constitutional Change’ (2009) 39(2) Publius: The Journal of Federalism 289.CrossRefGoogle Scholar

76 Leyland, P, ‘Referendums, Popular Sovereignty, and the Territorial Constitution’ in Rawlings, R et al. (eds), Sovereignty and the Law: Domestic, European and International Perspectives (Oxford University Press, Oxford, 2013) 163.CrossRefGoogle Scholar

77 Blackburn, R, ‘Constitutional Amendment in the United Kingdom’ in Contiades, X (ed), Engineering Constitutional Change: A Comparative Perspective on Europe, Canada and the USA (Routledge, Abingdon, 2013) 380.Google Scholar

78 Oliver, P and Tomkins, A, ‘Constitutional Change in the United Kingdom’ in Andenas, M (ed), The Creation and Amendment of Constitutional Norms (The British Institute of International and Comparative Law, London, 2000) 357.Google Scholar

79 The Irish convention’s terms of reference stipulated that it could consider and report on ‘such other relevant constitutional amendments that may be recommended by it’, provided it had already considered its initial list of eight. See Constitutional Convention Terms of Reference, Resolution of the Houses of the Oireachtas (July 2012) available at <https://www.constitution.ie/Documents/Terms_of_Reference.pdf>. The convention did make use of this provision and added two more items to its list.

80 Lord Gorcott, Constitutional Convention Bill [HL] Committee: 1st sitting (Minutes of Proceedings): House of Lords (11 December 2015).

81 Lord Forsyth of Drumlean, Constitutional Convention Bill [HL] Committee: 1st sitting (Minutes of Proceedings): House of Lords (11 December 2015).

82 Lord Kerr of Kinlochard, Constitutional Convention Bill [HL] Committee: 1st sitting (Minutes of Proceedings): House of Lords (11 December 2015).

83 The Parliamentary Secretary, Cabinet Office (Lord Bridges of Headley), Constitutional Convention Bill [HL] Committee: 1st sitting (Minutes of Proceedings): House of Lords (11 December 2015).

84 See Table in Hazell (n 60).

85 Constitutional Convention Bill [HL], Amendment to be moved in Committee, HL Bill 10(a).

86 See (n 62) and (n 53).

87 Melton, J et al., To Codify or Not to Codify? Lessons from Consolidating the United Kingdom’s Constitutional Statutes The Constitution Unit (March 2015).Google Scholar

88 See (n 62) 20.

89 See (n 33) 271–73 and Scottish Independence Referendum (Franchise) act 2013, art 2.

90 Derrida, J, ‘Declarations’ in Rottenberg, E (ed), Negotiations: Interventions and Interviews 1971–2001 (Stanford University Press, Palo Alto, CA, 2002) 49.Google Scholar

91 Also noting the added difficulties of the UK’s multinational nature for a constitutional convention is (n 63) 29.

92 Lord Forsyth of Drumlean, Constitutional Convention Bill [HL] Committee: 1st sitting (Minutes of Proceedings): House of Lords (11 December 2015).

93 Lord Kerr of Kinlochard, Constitutional Convention Bill [HL] Committee: 1st sitting (Minutes of Proceedings): House of Lords (11 December 2015).

94 See Pogrebinschi, T, ‘The Squared Circle of Participatory Democracy: Scaling up Deliberation to the National Level’ (2013) 7(3) Critical Policy Studies 219–41.Google Scholar

95 Tierney, S, ‘The Referendum in Multi-level States: Fracturing or Fostering Federal Models of Government?’ (13 March 2014) L’Idée fédérale 3.Google Scholar

96 See discussion in Carolan, E, ‘Ireland’s Constitutional Convention: Behind the Hype about Citizen-led Constitutional Change’ (2015) 13(3) International Journal of Constitutional Law 735–6.CrossRefGoogle Scholar

97 See Irish Council for Civil Liberties, ‘Developing a Model for Best Practice for Public Participation in Constitutional Reform’ (2012). See also discussion in Carolan (n 96) 740.

98 Warren and Pearse, ‘Introduction: Democratic Renewal and Deliberative Democracy’ (n 10) 10.

99 Renwick (n 60) 11.

100 Jeffrey, C, ‘Constitutional Change–Without End?’ (2015) 86(2) The Political Quarterly 275.CrossRefGoogle Scholar

101 Hames, S, ‘No Face Paint Beyond This Point: Pro-Independence Politics after No’ Scottish Constitutional Futures Forum Blog (29 September 2014).Google Scholar

102 Stone, J, ‘Second Scottish Independence Referendum Is Inevitable, Says Nicola Sturgeon’ Independent (12 October 2015) available at <http://www.independent.co.uk/news/uk/politics/another-scottish-independence-referendum-is-inevitable-says-nicola-sturgeon-a6690586.html>>Google Scholar.

103 See Scottish Elections (Reduction of Voting Age) Bill (2015) available at <http://www.scottish.parliament.uk/parliamentarybusiness/Bills/88272.aspx#sthash.4DWouOxi.dpuf>.

104 The House of Lords had even passed an amendment to the EU Referendum Bill to do precisely that, but the House of Commons rejected the extension of the franchise. See HL Bill 36 2015–16.

105 Shaw, J, ‘The EU Referendum: Who Should Vote?’ British Influence (25 May 2015) available at <http://www.research.ed.ac.uk/portal/files/19658319/Shaw_British_Influence_EU_Referendum.pdf>.Google Scholar

106 The Convention on the Constitution, ‘Message from the Chairman’ available at <https://www.constitution.ie/>.

107 I White, ‘Voting Age’, House of Commons Library Briefing Paper No 1747 (24 November 2015) 15.

108 See (n 14) 1.

109 Ibid 3.

110 For more on the similarities and differences between exercises in micro-deliberation and referendums, see S Suteu and S Tierney, ‘Participation Is Not Deliberation: Disentangling Principles of Constitution-making Good Practice’ in Levy, R et al. (eds), Deliberative Constitutionalism (Cambridge University Press, Cambridge, forthcoming).Google Scholar

111 The Parliament failed to discuss the bill a third and necessary time in 2013 and the new constitution dropped from amidst priorities in the general election that same year. A new procedure to amend the existing constitution by 2017 was instead proposed.

112 The two referendums were held in May 2015 and dealt with reducing the age for candidacy for president and with the legalisation of same-sex marriage. See also (n 96) 745, explaining it would be unfair to describe this as a failure of the constitutional convention itself, given that the Irish Government had maintained a veto on submitting its recommendations to a popular vote ever since agreeing to establish the convention.

113 D Farrell, ‘Final Report Card on the Government’s Reactions to the Irish Constitutional Convention’ (23 January 2016) available at <http://politicalreform.ie/2016/01/23/final-report-card-on-the-governments-reactions-to-the-irish-constitutional-convention/>.

114 Ibid.

115 See Blackburn (n 77) 369.

116 Oliver, D, ‘The United Kingdom’ in Oliver, D and Fusaro, C (eds), How Constitutions Change: A Comparative Study (Hart Publishing, London, 2011) 353.Google Scholar

117 On the causes of their failure, see (n 9) 126–44.

118 See (n 101).

119 Ibid.

120 McHarg, A, ‘What Does the Union Need to Do to Survive?’ Scottish Constitutional Futures Forum Blog (25 September 2014).Google Scholar

121 See, respectively, (n 12) 198; and Bergsson, BT and Blokker, P, ‘The Constitutional Experiment in Iceland’ in Bos, E and Pocza, K (eds), Verfassunggebung in konsolidierten Demokratien: Neubeginn oder Verfall eines Systems? (Nomos Verlag, Baden-Baden, 2014) 171.Google Scholar

122 J Suiter et al., ‘It’s Good to Talk: Citizen-politician Deliberations in Ireland’s Constitutional Convention of 2012–14’, Paper presented at ECPR General Conference, Glasgow (3–6 September 2014).

123 See Table in Hazell (n 60).

124 See (n 3) 295.

125 Renwick (n 60) 11.

126 The latter has been an accusation levied against the Irish constitutional convention, see E Carolan, ‘Some Lessons from Ireland’s Marriage Referendum?’ UK Constitutional Law Association Blog (8 December 2015) available at <http://ukconstitutionallaw.org/2015/12/08/eoin-carolan-some-lessons-from-irelands-marriage-referendum/>.

127 McWhinney, E, Constitution-Making: Principles, Process, Practice (University of Toronto Press, Toronto, 1981) 27.CrossRefGoogle Scholar

128 ‘Nicola Sturgeon Announces Second Scottish Referendum’ Independent (13 March 2017) available at <http://www.independent.co.uk/news/uk/politics/second-scottish-independence-live-referendum-nicola-sturgeon-brexit-speech-second-indy-ref-2-uk-eu-a7626746.html>.

129 Tierney, S, ‘A Second Independence Referendum in Scotland: The Legal Issues’, UK Constitutional Law Blog, 13 March 2017, available at <https://ukconstitutionallaw.org/2017/03/13/stephen-tierney-a-second-independence-referendum-in-scotland-the-legal-issues/> and E Smith and A Young, ‘‘That’s How It Worked in 2014, and How It Would Have to Work Again’’, UK Constitutional Law Blog, 15 March 2017, available at <https://ukconstitutionallaw.org/2017/03/15/ewan-smith-and-alison-young-thats-how-it-worked-in-2014-and-how-it-would-have-to-work-again/>.+and+E+Smith+and+A+Young,+‘‘That’s+How+It+Worked+in+2014,+and+How+It+Would+Have+to+Work+Again’’,+UK+Constitutional+Law+Blog,+15+March+2017,+available+at+.>Google Scholar