Irreconcilable sovereignties? Brexit and Scottish self-government

Abstract

This article examines the contrasting norms of sovereignty that underpin the political discourse and policy choices of the UK and Scottish governments in the context of Brexit. Using the lens of contested sovereignty, it explores the meanings attached to sovereignty in both the Brexit process and the response to it within Scotland. It then considers the implications of these contested sovereignties for Scottish self-government, in the context of both devolution and independence. That analysis distinguishes between the locus of sovereignty (parliamentary versus popular) and the form of sovereignty (nation-state versus shared). Both governments have drawn upon popular sovereignty norms, but who makes up the people is contested. The UK’s Brexit policy, in relation to both negotiations with the European Union and its domestic preparations, is underpinned by a nation-state sovereignty norm. By contrast, Scottish nationalism is associated with conceptions of shared sovereignty that have become even more pronounced since the European Union referendum. The difficulty in reconciling these sovereignty norms has destabilized the UK’s territorial constitution and created new challenges for advocates of independence.