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The UK in a Changing Europe Podcast

Scottish independence and the UK's territorial constitution with Aileen McHarg

The UK in a Changing Europe Podcast

The UK in a Changing Europe Podcast

News

4.1102 Ratings

🗓️ 24 February 2023

⏱️ 28 minutes

🧾️ Download transcript

Summary

Professor Aileen McHarg joins Professor Anand Menon to discuss the effects of Brexit on the UK's territorial constitution, Scottish independence and the intersection of law and politics. --- Aileen McHarg has been Professor of Public Law and Human Rights at Durham University since 2019. She previously worked at the Universities of Strathclyde, Glasgow and Bristol. She has published widely in the fields of UK and Scots public law, but has particular expertise on devolution and the UK’s territorial constitution. Amongst other things, she is joint general editor of the journal Public Law, co-chair of the British-Irish Chapter of the International Society of Public Law, and a member of the UK Constitution Monitoring Group.

Transcript

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0:00.0

Hello everyone and welcome to what is already the third episode of our brand new

0:17.0

UK.S. Itel podcast from the UK and a changing Europe. And I'm absolutely delighted today to be

0:22.2

able to welcome Aileen McCarg, who's a professor of public law and human rights at Durham University

0:27.4

and a particular expert in devolution and the UK's territorial constitution. Aileen, thank you so

0:33.3

much for joining us today. Thanks for inviting me. And without further ado, I'm going to crack on

0:37.4

because of quite a lot I want to get through with you today. I want to start with Brexit.

0:41.3

And I suppose the first question is, have we had long enough now to fully understand and

0:46.9

appreciate the long-term effect that Brexit is having on the UK's territorial constitution?

0:51.8

Well, I think the answer to that is yes and no. We can say with

0:57.0

confidence that Brexit has had more than a temporary effect on the territorial constitution,

1:02.9

both in terms of the powers of the devolved institutions and the creation of a new legal

1:08.3

architecture for the UK internal market. And in relation to the

1:12.6

more general constitutional context of which devolution operates and the rise at a much more

1:18.0

assertive UK level, I think enough time was passed to be able to see that, you know, that

1:23.7

was not just a temporary blip to deal with the abnormal circumstances of Brexit,

1:29.3

but has quite clearly now spilled over into other issues, so as really to create a new normal.

1:36.3

So we're seeing many more disputes between the devolved and UK levels really across the board,

1:43.3

more disputes about legislation affecting devolved

1:46.7

competencies, increased examples of UK ministers taking powers in devolved areas, a lack of consultation

1:54.6

and notification, and of course, the increasingly assertive use of the kind of various powers of supervision that

2:03.4

the UK ministers have over the devolved level. But I think we still can't say for certainty

2:08.3

where all this might end. Of course, the boundaries of the state may remain highly contested,

...

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