ABSTRACT

A persistent argument of Eurosceptics has been that the European Union (EU) is incompatible with the United Kingdom's (UK) constitutional order based on parliamentary supremacy and omnicompetence. The aim of Brexit was to restore power to Westminster or, in some formulations, the British people. During the Brexit referendum campaign, Scottish political opinion and civil society were broadly in favour of Remain. Since devolution is so deeply embedded in Europe, Brexit has highly destabilizing affects and cannot leave the devolution settlement untouched. There are three ways of resolving the issue, none of which is straightforward: independence, recentralization and differentiation. At the time of the 2014 independence referendum, there was a debate about whether and how Scotland would be allowed to join the EU. In the aftermath of the Brexit referendum, most of the hostility disappeared, although other member states did not go out of their way to recognize Scotland's position.