The Case for a Scottish Clarity Act

Abstract

The recent political difficulties faced by the Scottish National Party have made the prospect of a future Scottish independence referendum less salient in both Westminster and Holyrood. However, whilst the short‐term prospects for the independence movement look challenging, the long‐term question of Scotland's future within the UK remains an important area of analysis for constitutional policy makers and scholars alike. This article seeks to add to the debate on the future of the UK's territorial constitution by arguing for the passage of a ‘Scottish Clarity Act’ by the UK government, which would outline the rules about when and how a future Scottish independence referendum should be conducted. Using the Canadian Clarity Act 2000 as an international example of the constitutionalising of secession, it argues that there are numerous benefits associated with providing greater clarity on Scotland's constitutional future, including the dampening of polarisation, the mitigation of constitutional crisis, the improvement of governance and the bolstering of democracy in the UK.